ERNISH v. CITY OF NEW YORK


2 A.D.3d 256 (2003)

768 N.Y.S.2d 325

RONALD ERNISH et al., Respondents, v. CITY OF NEW YORK et al., Appellants.

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

December 16, 2003.


The injured plaintiff was an ironworker who, at the time of his accident, was tightening bolts with a hydraulic wrench on a reconstructed gangway at Pier 88, on Manhattan's West Side. Working with a partner at about 12 feet above ground level, plaintiff fell when the ladder and/or makeshift scaffold he was standing on collapsed. At the time, plaintiff was attempting to pass the head of the wrench to his partner. He placed his right foot on the ladder, while balancing the...

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