FERNANDEZ v. BROADWAY PLAZA ASSOCS.


215 A.D.2d 217 (1995)

626 N.Y.S.2d 166

Gerardo Fernandez, Respondent, v. Broadway Plaza Associates et al., Defendants and Third-Party Plaintiffs-Respondents. Phoenix Abatement Control, Inc., Third-Party Defendant-Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

May 11, 1995


Summary judgment was properly granted to plaintiff based on the finding that plaintiff was injured when, following his supervisor's instructions, he stood on an inverted five gallon pail placed on top of a radiator to perform his job of removing 12-foot high window inlets. It does not avail appellant that adequate safety devices may have been present at the worksite, where plaintiff, far from refusing to use such devices, was instructed...

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