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MONTGOMERY JR. v. FEDERAL EXPRESS CORPORATION

307 A.D.2d 865 (2003)

763 N.Y.S.2d 600

CHARLES R. MONTGOMERY, JR., Respondent, v. FEDERAL EXPRESS CORPORATION et al., Appellants and Third-Party Plaintiffs-Respondents. FORTUNE INTERIOR DISMANTLING CORP., Third-Party Defendants-Appellants, et al., Third-Party Defendant.

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

Decided August 21, 2003.

In so ruling, the motion court held that the "accident occurred as a result of defendants' failure to provide plaintiff with a ladder or other safety device to enable him to descend from the machine room[, which failure] was a proximate cause of his injuries (see Desousa v City of New York, 267 A.D.2d 195 [2nd Dept 1999])."

However, this is not a situation similar to Desousa...

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