MARTINEZ v. CITY OF NEW YORK


252 A.D.2d 545 (1998)

675 N.Y.S.2d 637

Walfredo Martinez et al., Appellants, v. City of New York et al., Respondents, and Kaselaan & D'Angelo, Defendant and Third-Party Plaintiff-Respondent. L.J. Gonzer Associates, Third-Party Defendant-Respondent

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

July 20, 1998


Ordered that the order is affirmed insofar as appealed from, with one bill of costs.

Walfredo Martinez, an environmental inspector, suffered injuries while inspecting asbestos at a public school in Queens. In an effort to measure a portion of a pipe extending between the top of a closet and the ceiling, he moved a desk against the closet, climbed onto the desk, held onto the top edge of the closet in an attempt to lift himself further, and fell.

At the time...

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