MORIN v. MACHNICK BUILDERS, LTD.


4 A.D.3d 668 (2004)

772 N.Y.S.2d 388

PAUL MORIN, Appellant, v. MACHNICK BUILDERS, LTD., et al., Respondents. (And a Third-Party Action.)

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

February 19, 2004.


Kane, J.

Defendant Machnick Builders, Ltd., a general contractor, was building a Hess Mini Mart on property owned by defendant Amerada Hess Corporation. Plaintiff, a painter employed by a subcontractor on the project, was injured in a work-related accident when the extension ladder upon which he was standing kicked out from underneath him. There are two versions as to how this happened. Plaintiff testified at an examination before trial that although the sidewalk...

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