AGEITOS v. CHATHAM TOWERS, INC.


283 A.D.2d 234 (2001)

725 N.Y.S.2d 28

FRANCISCO AGEITOS et al., Plaintiffs, v. CHATHAM TOWERS, INC., et al., Respondents, and ROCKLEDGE SCAFFOLD CORP., Appellant. (And a Third-Party Action.)

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

Decided May 10, 2001.


A fair interpretation of the evidence supports the trial court's finding that appellant's negligence was the main cause of plaintiff's injury. Appellant's principal testified that the only instructions appellant received were to build the bridge "according to Code," and evidence at trial showed that the bridge was noncompliant with the Code in at least one respect significantly related to the accident, namely, the failure to erect a barrier around the opening through which...

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