SCHULTZE v. 585 WEST 214TH ST. OWNERS CORP.


228 A.D.2d 381 (1996)

644 N.Y.S.2d 722

Douglas Schultze, Appellant, v. 585 West 214th Street Owners Corp. et al., Respondents. (And a Third-Party Action.)

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

June 27, 1996


The evidence submitted by plaintiff in support of the motion for summary judgment on the issue of liability under Labor Law § 240 (1) established that plaintiff fell 16 feet to the ground when the unsecured ladder he was descending slipped out from under him. The alternative version of the accident offered by defendants, that the portion of the planking of the elevated sidewalk bridge against which the ladder was leaning slipped or gave way and thereby caused the ladder...

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