Neither plaintiff's disregard of a co-worker's advice that the plank plaintiff was laying across the elevator shaft was unsafe, nor the conflicting deposition testimony concerning whether plaintiff was wearing a safety harness at the time of the accident, creates an issue of fact sufficient to support a recalcitrant worker defense (see, Gordon v Eastern Ry. Supply,
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MILEWSKI v. CAIOLA
236 A.D.2d 320 (1997)
654 N.Y.S.2d 738
Boleslaud Milewski et al., Respondents, v. Benny Caiola, Doing Business as B.A.C. Enterprises, Inc., Defendant and Third-Party Plaintiff-Respondent. Staley Elevator Company, Inc., Third-Party Defendant-Appellant
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
February 25, 1997
February 25, 1997
Appellate Division of the Supreme Court of the State of New York, First Department.
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