GOMES v. STATE OF NEW YORK


272 A.D.2d 440 (2000)

708 N.Y.S.2d 316

ANTONIO GOMES et al., Appellants, v. STATE OF NEW YORK, Respondent. (Claim No. 93027.)

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

Decided May 15, 2000.


Ordered that the judgment is affirmed, with costs.

The claimant Antonio Gomes allegedly sustained physical injuries when an aluminum extension ladder upon which he was working suddenly began telescoping downward, stopping when his arm became caught between the rungs. Gomes's testimony failed to explain how or why the ladder began contracting. The State proffered the testimony of its safety expert that Gomes's misuse of the ladder was responsible for the incident....

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