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HAULOTTE v. PRUDENTIAL INSURANCE COMPANY OF AMERICA

266 A.D.2d 38 (1999)

698 N.Y.S.2d 24

KRISTOPHER HAULOTTE et al., Respondents, v. PRUDENTIAL INSURANCE COMPANY OF AMERICA et al., Defendants. CHEMICAL BANK, Third-Party Plaintiff, v. NEW CORE, Third-Party Defendant-Appellant. PRUDENTIAL INSURANCE COMPANY OF AMERICA, Third-Party Plaintiff, v. NUCOR CONSTRUCTION CORP., Third-Party Defendant-Appellant.

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

Decided November 9, 1999.

The evidence at trial showed that plaintiff was taping drywall when he fell off a four-foot high mobile scaffold that did not have guard rails and the wheels of which were not in the locked position, when a co-worker, with whom plaintiff had been drinking about an hour and a half earlier, attempted to reposition the scaffold to install ceiling tiles without realizing that plaintiff was on top. Such evidence is sufficient to permit a finding that the scaffold was placed, within...

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