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LACEY v. TURNER CONSTRUCTION CO.

275 A.D.2d 734 (2000)

713 N.Y.S.2d 207

GREGORY J. LACEY et al., Respondents, v. TURNER CONSTRUCTION CO. et al., Appellants, and BOARD OF EDUCATION OF THE CITY OF NEW YORK, Defendant and Third-Party Plaintiff-Appellant, et al., Defendant. CROWN WATERPROOFING, INC., Third-Party Defendant-Appellant.

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

Decided September 18, 2000.

Ordered that the interlocutory judgment is affirmed insofar as appealed from, with costs.

In the course of his employment, the injured plaintiff (hereinafter the plaintiff) was standing on an extension ladder when the ladder lost contact with the building wall against which it was leaning, and turned sideways. The plaintiff managed to turn the ladder back against the wall; however, in doing so he ruptured a disk in his...

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