DE OLIVEIRA v. LITTLE JOHN'S MOVING INC.


289 A.D.2d 108 (2001)

734 N.Y.S.2d 165

FELICIO DE OLIVEIRA, Appellant, v. LITTLE JOHN'S MOVING INC., Respondent.

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

Decided December 18, 2001.


Plaintiff asserts that while scraping the building lobby to prepare it for painting, the ladder on which he was standing slipped and he fell to the ground. While he does not know what caused the ladder to slip, he claims that after he fell he noticed that the ladder did not have rubber feet. The scraping performed by plaintiff is encompassed within the term "painting" in section 240 (1) (see, Perez v Spring Cr. Assocs., 265 A.D.2d 314

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