BURKE v. APV CREPACO, INC.


2 A.D.3d 1279 (2003)

770 N.Y.S.2d 510

NELSON BURKE et al., Appellants, v. APV CREPACO, INC., et al., Respondents and Third-Party Plaintiffs. TWINCO, INC., Third-Party Defendant-Respondent.

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

December 31, 2003.


It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs and the motion is granted.

Memorandum:

Plaintiffs commenced this action to recover damages for injuries sustained by Nelson Burke (plaintiff) while he was installing an exhaust fan. Plaintiff fell when the unsecured ladder from which he was working tipped over. Supreme Court erred in denying plaintiffs' motion for partial summary judgment...

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