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MAYANCELA v. ALMAT REALTY DEVELOPMENT, LLC

303 A.D.2d 207 (2003)

756 N.Y.S.2d 548

JUAN M. MAYANCELA, Appellant, v. ALMAT REALTY DEVELOPMENT, LLC, Respondent.

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

Decided March 11, 2003.

In view of plaintiff's admission in his deposition testimony that for no particular reason he misused the A-frame ladder from which he fell despite specific, repeated and recent instructions from his employer respecting the ladder's proper and improper use, defendant's motion, based on the recalcitrant worker defense, for summary judgment dismissing plaintiff's Labor Law § 240 (1) claim was properly granted (cf. Jamil v Concourse Enters., 293...

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