ACOSTA v. BANCO POPULAR


308 A.D.2d 48 (2003)

762 N.Y.S.2d 64

HERNANDO ACOSTA, Respondent, v. BANCO POPULAR et al., Appellants. (And a Third-Party Action.)

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

June 26, 2003.


Attorney(s) appearing for the Case

Robert T. Sylvan of counsel (William J. Bendix, attorney), for respondent. Rose M. Cotter of counsel (Heath A. Bender on the brief; Eustace & Marquez, attorneys), for appellants.

TOM, J.P., and MARLOW, J., concur with SULLIVAN, J.; ELLERIN and GONZALEZ, JJ., dissent in part in a separate opinion by ELLERIN, J.


OPINION OF THE COURT

SULLIVAN, J.

Plaintiff, a field technician employed by International Security Design, Ltd., sues to recover for injuries sustained when he fell from a ladder while he was installing a key box, which was to be used to store a duplicate key, on the wall of a vault room at one of defendant Banco Popular's branches. The record shows that there was no ongoing renovation or construction at the bank at the time. On the day in question, plaintiff...

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