PUBLIC ADMINISTRATOR OF KINGS COUNTY v. TOMASSETTI


271 A.D.2d 515 (2000)

706 N.Y.S.2d 350

PUBLIC ADMINISTRATOR OF KINGS COUNTY, Respondent, v. SARAFINO TOMASSETTI et al., Appellants. (And a Third-Party Action.)

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

Decided April 10, 2000.


Ordered that the order is affirmed, with costs.

The plaintiff's decedent sustained fatal injuries when an unsecured ladder upon which he was working collapsed beneath him. The decedent's co-worker heard the crash and found the decedent and the ladder on the floor, with three broken balusters from the wooden banister against which the ladder had been leaning.

The plaintiff established prima facie that the appellants violated their statutory duty pursuant to...

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