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TERSIGNI v. CITY OF NEW YORK

300 A.D.2d 389 (2002)

752 N.Y.S.2d 74

ANTHONY TERSIGNI et al., Appellants, v. CITY OF NEW YORK, Respondent.

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

Decided December 9, 2002.

Ordered that the order is affirmed, with costs.

Where a plaintiff allegedly is injured from a fall from a ladder which is not shown to be defective as a matter of law, the issue of whether the ladder provided the plaintiff with the protection required under Labor Law § 240 (1) is a question of fact for the jury (see Chan v Bed Bath & Beyond, 284 A.D.2d 290; Moreta v State of New York, 272...

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