KLEIN v. CITY OF NEW YORK


89 N.Y.2d 833 (1996)

675 N.E.2d 458

652 N.Y.S.2d 723

Paul Klein et al., Respondents, v. City of New York, Defendant and Third-Party Plaintiff-Appellant. Michael Mazzeo Electric Co., Third-Party Defendant-Appellant.

Court of Appeals of the State of New York.

Decided November 14, 1996.


Attorney(s) appearing for the Case

Paul A. Crotty, Corporation Counsel of New York City (Elaine R. Witkoff and Larry A. Sonnenshein of counsel), for City of New York, appellant.

Wilson, Elser, Moskowitz, Edelman & Dicker, New York City (Michael L. Boulhosa and John Doody of counsel), for Michael Mazzeo Electric Co., appellant.

Ginsberg & Broome, P. C., New York City (Robert M. Ginsberg of counsel), for respondents.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur in memorandum.


MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs, and the certified question answered in the affirmative.

Plaintiff commenced this action pursuant to section 240 (1) of the Labor Law after sustaining personal injuries in an accident which plaintiff alleged occurred when the ladder which he had ascended slipped out from under him causing him to fall. The room where the accident occurred...

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