MENDEZ v. UNION THEOLOGICAL SEMINARY IN THE CITY OF NEW YORK


8 A.D.3d 32 (2004)

777 N.Y.S.2d 636

JUAN MENDEZ, Appellant, v. UNION THEOLOGICAL SEMINARY IN THE CITY OF NEW YORK, Respondent, et al., Defendants. (And Other Actions.)

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

June 3, 2004.


Plaintiff fell from a scaffold formed by metal "elbow" pipes that supported wooden planks. It is undisputed that the planks were not tied or secured to the "elbow" pipes. Plaintiff testified that he fell when the plank on which he was standing "flipped over." Since this testimony was not controverted by any competent evidence in the record, plaintiff established that his injuries had been proximately caused, in whole or in part, by...

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