ACKERT v. V.A.W. OF AM., INC.


249 A.D.2d 804 (1998)

671 N.Y.S.2d 840

Brian Ackert et al., Appellants, v. V. A. W. of America, Inc., Respondent

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

April 23, 1998


Yesawich Jr., J.

This action arises from an incident in which plaintiff Brian Ackert (hereinafter plaintiff) fell off the edge of a truck scale located on defendant's premises in the Village of Ellenville, Ulster County. After parking his tractor-trailer on the scale, which was approximately 18 inches above ground level, plaintiff began to climb down from the cab so the vehicle could be weighed. As he stepped onto the scale, however, he lost his footing...

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