SMIZASKI, JR. v. 784 PARK AVENUE REALTY, INC.


264 A.D.2d 364 (1999)

694 N.Y.S.2d 371

EDWARD R. SMIZASKI, JR., Appellant-Respondent, v. 784 PARK AVENUE REALTY, INC., et al., Respondents-Appellants, et al., Defendants. GEMTOR, INC., Third-Party Plaintiff, v. HERBERT ROSE, INC., Third-Party Defendant. (And Other Actions.)

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

Decided August 26, 1999.


Plaintiff, an employee of third-party defendant Herbert Rose, Inc., was assigned the task of removing window sills on a highrise apartment building owned by defendant 784 Park Avenue Realty, Inc. In order to accomplish the task a motorized swing scaffold was provided. This scaffold, which was suspended from two steel cables connected to the roof parapet, contained a protective railing on the edge facing away from the building but not on the inside edge. Workers using this...

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