RUSIECKI v. HOFFMAN INVESTORS CORP.


222 A.D.2d 275 (1995)

635 N.Y.S.2d 581

Elaine Rusiecki, as Administratrix of The Estate of Stefano Monda, Deceased, and as Mother and Natural Guardian of Joshua T. Rusiecki, an Infant, et al., Respondents, v. Hoffman Investors Corporation, Defendant, and S. Siskind & Sons, Appellant. (And a Third-Party Action.)

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

December 12, 1995


Plaintiff's decedent was critically injured when the wheels of a jack supporting a 6,000 pound fan chamber control box became caught in a depression in the concrete floor of defendant's warehouse, and the box fell on him. The IAS Court was correct in concluding that factual issues were presented as to whether defendant acted reasonably to maintain safe conditions in its premises, considering the likelihood of injury and the burden of avoiding the risk (Basso v Miller<...

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