DRIVAS v. BREGER


273 A.D.2d 151 (2000)

709 N.Y.S.2d 187

NICHOLAS DRIVAS, Plaintiff, v. RICHARD BREGER et al., Defendants and Third-Party Plaintiffs-Respondents. NISA GLASS SYSTEMS, INC., Third-Party Defendant-Appellant.

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

Decided June 22, 2000.


Upon the evidence at trial, no line of valid reasoning permits a finding of negligence on the part of the building owners. Plaintiff, who is the sole shareholder and president of the third-party defendant corporation that employs him, testified that he examined the metal balcony before he stood on it, it looked fine, and it simply collapsed while he was standing on it performing his work of installing windows. Upon the basis of such testimony, third-party defendant argues...

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