BOULUKOS v. 213 P.A.S., L.L.P.


7 A.D.3d 346 (2004)

776 N.Y.S.2d 567

STEVEN BOULUKOS ET AL., Appellants, v. 213 P.A.S., L.L.P., Respondent. (And a Third-Party Action.) 213 P.A.S., L.L.P., Second Third-Party Plaintiff-Respondent, v. CITY SCAFFOLDING CORP., Second Third-Party Defendant-Respondent. STEVEN BOULUKOS ET AL., Plaintiffs, v. 213 P.A.S., L.L.P., Defendant. (And a Third-Party Action.) 213 P.A.S., L.L.P., Second Third-Party Plaintiff-Respondent, v. CITY SCAFFOLDING CORP., Second Third-Party Defendant-Appellant.

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

May 13, 2004.


The scaffolding company's motion for summary judgment was properly denied on the ground that there were issues of fact as to whether its construction of the scaffold was negligent, and, if so, whether such negligence caused the perimeter barricade of the scaffold to give way as plaintiff leaned over it. The scaffolding company's freedom from negligence was not demonstrated, as a matter of law, by the fact that nine months before the accident it had rented the scaffold to...

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