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PABON v. ALEXANDER BUILDING CORP.

273 A.D.2d 130 (2000)

709 N.Y.S.2d 550

WILSON PABON et al., Respondents, v. ALEXANDER BUILDING CORP. et al., Defendants and Third-Party Plaintiffs-Appellants-Respondents. JOB OPPORTUNITIES FOR WOMEN, INC., Third-Party Defendant-Respondent-Appellant.

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

Decided June 20, 2000.

Partial summary judgment as to liability on the complaint was properly awarded. Plaintiff testified at his deposition that, while he was descending a ladder, he heard a "snap," the ladder began to wobble, and he fell. Upon impact, one of the ladder's cross-braces was found to have broken away from one of the legs. While defendants claim that it is speculative to conclude that the brace became disengaged before the fall, rather...

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