CATOLIATO v. SAM'S CLUB, INC.


254 A.D.2d 62 (1998)

678 N.Y.S.2d 331

Thomas Catoliato et al., Respondents, v. Sam's Club, Inc., Defendant, and Robert Martin Company, Appellant

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

October 8, 1998


Plaintiff was injured when he fell from an aerial basket hoisted 30 feet above the ground. At the time of his fall, he had been mounting a 10 by 3½ foot merchandise display grid to the ceiling beams of an area being renovated according to the specifications of Sam's Club, Inc., a retailer. The area had previously been configured to the specifications of the prior tenant, a different retailer. The renovation in which plaintiff was engaged, required the use of heavy, industrial...

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