STEWART v. PLAYLAND CENTER, INC.


8 A.D.3d 74 (2004)

778 N.Y.S.2d 159

ORLANDO STEWART et al., Appellants, v. PLAYLAND CENTER, INC., et al., Respondents. DISCOVER GENERAL CONTRACTING CORP., Third-Party Plaintiff, v. MOUNT VERNON INTERIORS, INC., Third-Party Defendant-Respondent. (And Another Action.)

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

June 10, 2004.


Plaintiff, while employed as a carpenter at a renovation project, fell from a ladder he was using in framing a wall. While it is clear that the ladder, which had a defective rung, did not provide protection in accordance with Labor Law § 240 (1), the testimony of plaintiff's employer to the effect that shortly before the accident plaintiff had been specifically instructed to use an available scissor lift instead of a ladder to perform his assigned task was sufficient...

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