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AVENDANO v. SAZERAC, INC.

248 A.D.2d 340 (1998)

669 N.Y.S.2d 620

Marco Avendano, Respondent, v. Sazerac, Inc., Appellant. (And a Third-Party Action.)

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

March 2, 1998

Ordered that order is reversed, with costs, and the motion is denied.

The plaintiff was employed by Vargas Iron Works and was working at premises owned by the appellant, Sazerac, Inc. (hereinafter Sazerac), when he fell off a 15-foot A-frame ladder and injured his back. At his deposition, the plaintiff stated that he had not seen anything strike the ladder before he fell off. In a later affidavit, he stated that a forklift...

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