WASILEWSKI v. MUSEUM OF MODERN ART


260 A.D.2d 271 (1999)

688 N.Y.S.2d 547

TOMASZ WASILEWSKI et al., Appellants, v. MUSEUM OF MODERN ART, Respondent and Third-Party Plaintiff-Respondent. T & L GENERAL CONTRACTING, INC., Third-Party Defendant-Respondent.

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

Decided April 22, 1999.


Plaintiff made a prima facie showing that defendant, the owner of the premises in which plaintiff was working, and third-party defendant, the contractor by whom plaintiff was employed, violated Labor Law § 240 (1), and that the violation was a proximate cause of the accident. The "failure to properly secure a ladder, to ensure that it remain steady and erect while being used, constitutes a violation of Labor Law § 240 (1)" (Kijak v 330 Madison Ave. Corp.,

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