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BRENNAN v. RCP ASSOCIATES

257 A.D.2d 389 (1999)

683 N.Y.S.2d 69

DONALD BRENNAN et al., Plaintiffs-Appellants, v. RCP ASSOCIATES et al., Respondents.

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

Decided January 7, 1999.

Plaintiff Donald Brennan, a steam fitter, was injured in the course of repairing cooling towers located on the roof of 1250 Avenue of the Americas. Access to the 12 cooling towers is gained by means of a series of interconnecting service gratings, positioned six feet above roof level, which are reached by climbing a steel ladder from the roof. Mr. Brennan testified that, as he was walking on one of the gratings, it tipped upward...

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