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YU XIU DENG v. A.J. CONTRACTING CO., INC.

255 A.D.2d 202 (1998)

680 N.Y.S.2d 223

Yu Xiu Deng, Respondent, v. A.J. Contracting Company, Inc., Appellant and Third-Party Plaintiff-Appellant-Respondent. Component Assembly Systems, Inc., Third-Party Defendant-Respondent-Appellant, et al., Third-Party Defendants

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

November 17, 1998

Whether the ladder on which plaintiff was working tipped as a result of plaintiff losing her balance when she lost control of the sheetrock she was handling, or, indeed, whether plaintiff fell off the ladder without it having tipped at all, are not material issues of fact. Plaintiff's negligence, if any, is of no consequence (Rocovich v Consolidated Edison Co., 78 N.Y.2d 509, 513). Further, in this case, it is clear that the ladder...

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