BOND v. YORK HUNTER CONSTRUCTION, INC.


270 A.D.2d 112 (2000)

705 N.Y.S.2d 40

ALFRED BOND, Appellant, v. YORK HUNTER CONSTRUCTION, INC., Defendant and Third-Party Plaintiff. CROSSBAY CONTRACTING, Third-Party Defendant-Respondent.

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

Decided March 16, 2000.


The complaint was properly dismissed based on plaintiff's uncontradicted account of his injury—in descending from the vehicle he had been operating to demolish an interior wall, he placed his foot on the vehicle's track, intending to use it as a step down, slipped on a spot of grease on the track, fell off the track, landed on debris, and twisted his ankle. Such a fall did not result from the kind of gravity-related hazard that called for any protective devices of...

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