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ROMAN v. HUDSON TELEGRAPH ASSOCIATES

11 A.D.3d 346 (2004)

784 N.Y.S.2d 31

VICTOR ROMAN, Respondent, v. HUDSON TELEGRAPH ASSOCIATES, Appellant, et al., Defendant. (And Other Actions.)

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

October 21, 2004.

The ladder used by plaintiff, which was owned by his employer, failed in its "core objective" of preventing him from falling to the cement floor below (Ross v Curtis-Palmer Hydro-Elec. Co., 81 N.Y.2d 494, 501 [1993]). Inasmuch as defendant property owner presented no evidence to contradict the version of events testified to by plaintiff, the only inference to be drawn is that failure to provide plaintiff with a ladder adequate for...

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