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DESOUSA v. CITY OF NEW YORK

267 A.D.2d 195 (1999)

699 N.Y.S.2d 475

JOSE DESOUSA et al., Respondents, v. CITY OF NEW YORK et al., Defendants, and SLATTERY ASSOCIATES, INC., Defendant and Third-Party Plaintiff-Respondent. ROMANO ENTERPRISES OF NEW YORK, INC., Sued Herein as ROMANO PAINTING COMPANY, Third-Party Defendant-Appellant.

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

Decided December 6, 1999.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs payable to the respondents appearing separately and filing separate briefs.

The plaintiff Jose Desousa (hereinafter the plaintiff) was working on an elevated pier from which he could descend only by jumping onto a platform several feet below, and then by getting onto a boom which would transport him to the ground thirty feet below that. The plaintiff injured himself while jumping down...

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