Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Kevin Fichter (plaintiff) fractured both heels when a ladder that he was climbing to reach the roof of a commercial building owned by defendants was blown over by a strong gust of wind. Plaintiff had tied off the bottom of the ladder and was carrying a rope with which to tie off the top of the ladder when the accident occurred. Contrary to the contention...
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