ROMANO v. HOTEL CARLYLE OWNERS CORP.


226 A.D.2d 441 (1996)

641 N.Y.S.2d 50

Dominick Romano et al., Appellants, v. Hotel Carlyle Owners Corporation, Defendant and Third-Party Plaintiff-Respondent. Hudson Shatz Painting Co., Inc., Third-Party Defendant-Respondent

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

April 8, 1996


Ordered that the order is affirmed, with one bill of costs.

Because the evidence establishes that the scaffold from which the plaintiff fell did not move, collapse, or otherwise fail to perform its function of supporting the plaintiff and his materials (see, Whalen v Sciame Constr. Co., 198 A.D.2d 501, 502; Dennis v Beltrone Constr. Co., 195 A.D.2d...

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