ARAUJO v. EDENWALD CONTRACTING CO., INC.


238 A.D.2d 290 (1997)

656 N.Y.S.2d 265

Martinho Araujo, Respondent, v. Edenwald Contracting Co., Inc., et al., Defendants, and Utilities Unlimited Corp., Appellant U.U.G.G. Corp., Third-Party Plaintiff-Appellant, v. John Sommeso Welding Co., Inc., Third-Party Defendant-Respondent

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

April 29, 1997


Plaintiff, an employee of the welding subcontractor, was injured when an unsecured plank spanning a construction trench in which new water mains were being installed, shifted and caused him to fall into the trench. There was deposition testimony that on occasions prior to the accident, plaintiff had used ladders belonging to the general contractor to enter the trench, but that on the day of the accident the ladders had been removed when the general contractor's employees...

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