SMITH v. 21 WEST LLC LIMITED LIABILITY COMPANY


308 A.D.2d 312 (2003)

764 N.Y.S.2d 181

TEDDY SMITH et al., Appellants, v. 21 WEST LLC LIMITED LIABILITY COMPANY et al., Respondents.

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

Decided September 4, 2003.


Plaintiff was injured while he was engaged in the removal of an air conditioning unit from a ceiling attachment. Doing so required him to stand on a ladder and cut through four pin rods that secured the unit to the ceiling. In the course of plaintiff's task, the unit fell, knocking him and the unsecured ladder to the floor. The fact of the unsecured ladder (see Joblon v Solow, 91 N.Y.2d 457 [1998]) and the nature of the work (

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