FICHTER v. SMITH


259 A.D.2d 1023 (1999)

688 N.Y.S.2d 337

KEVIN FICHTER et al., Appellants, v. LYNN H. SMITH et al., Individually and Doing Business as 716 JAMES STREET PARTNERSHIP, Respondents and Third-Party Plaintiffs-Respondents-Appellants. DIAMOND ROOFING, INC., Third-Party Defendant-Respondent-Appellant.

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

Decided March 31, 1999.


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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