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SCHAEFER v. RCP ASSOCS.

232 A.D.2d 286 (1996)

649 N.Y.S.2d 13

Raymond Schaefer et al., Respondents, v. Rcp Associates et al., Respondents. Fred Lumpp & Son, Inc., Third-Party Plaintiff-Respondent, v. Superior Acoustics, Inc., Third-Party Defendant-Appellant

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

October 24, 1996

In this Labor Law § 240 action, wherein the injured plaintiff worker fell from a ladder, there was sufficient proof of failure to supervise on the part of the third-party defendant-appellant employer to permit the jury to allocate 5% of liability against it (compare, Diamond v Bank of N. Y., 199 A.D.2d 65 [wherein the fall from the ladder was attributable solely to a defect in the ladder]). Plaintiff's own negligence...

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