VASQUEZ v. CHASE MANHATTAN BANK, N.A.


266 A.D.2d 3 (1999)

697 N.Y.S.2d 611

ORLANDO VASQUEZ et al., Respondents, v. CHASE MANHATTAN BANK, N. A., et al., Appellants.

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

Decided November 4, 1999.


In this action an air conditioning duct fell on the scaffold on which plaintiffs, asbestos removers, were working. The scaffold lacked a guardrail and its wheels were not locked, which resulted in the scaffold moving when the duct hit it. When the scaffold moved, plaintiffs fell from it onto a cement floor. On this record, they were properly granted a directed verdict. Given the nature of the work, an object falling from the ceiling cannot possibly be viewed as an extraordinary...

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