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PERRONE v. TISHMAN SPEYER PROPERTIES, L.P.

13 A.D.3d 146 (2004)

787 N.Y.S.2d 230

JOHN PAUL PERRONE, Respondent, v. TISHMAN SPEYER PROPERTIES, L.P., et al., Defendants. (And a Third-Party Action.) TISHMAN SPEYER PROPERTIES, L.P., et al., Second Third-Party Plaintiffs, v. LEHR CONSTRUCTION CORP., Second Third-Party Defendant-Appellant.

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

December 14, 2004.

Plaintiff satisfied his prima facie burden on the motion through testimony that while he performed work as directed by his supervisor, the six-foot A-frame ladder on which he was standing "became a little uneasy" and "shaky" and fell down as he started to descend from the next-to-top step (see Montalvo v J. Petrocelli Constr. Inc., 8 A.D.3d 173 [2004]; Orellano v 29 E. 37th St. Realty Corp., 292 A.D.2d 289...

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