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CURTIS v. HALMAR CORP.

250 A.D.2d 570 (1998)

672 N.Y.S.2d 409

William G. Curtis, Appellant, v. Halmar Corporation, Defendant and Third-Party Plaintiff-Respondent. Thunderbird Constructors, Inc., Third-Party Defendant-Respondent

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

May 4, 1998

Ordered that the judgment is affirmed, with one bill of costs payable to the respondents.

The plaintiff was injured when he allegedly fell from a ladder which "kicked out" from under him as he attempted to place a drill and an extension cord on a five to six-foot high railway platform. The plaintiff is five feet, three inches tall, and, after he allegedly fell, he simply placed the drill and cord on the platform without the use of the ladder. At trial, the jury found...

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