OLIVEIRA v. DORMITORY AUTHORITY OF THE STATE OF NEW YORK


292 A.D.2d 224 (2002)

739 N.Y.S.2d 58

JOSE OLIVEIRA et al., Respondents, v. DORMITORY AUTHORITY OF THE STATE OF NEW YORK, Appellant.

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

Decided March 12, 2002.


Plaintiff's cross motion was properly granted upon evidence establishing that while painting an interior stairway, he lost his balance and fell over the banister onto the steps below when he reached over the banister to paint a post, and that he was provided with no safety devices to protect against such a fall. There is no merit to defendant's argument that plaintiff, who was using the stairway as a platform from which to reach portions of the staircase that he had to paint...

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