TURNER v. SANO-RUBIN CONSTRUCTION COMPANY


6 A.D.3d 910 (2004)

775 N.Y.S.2d 417

JOHN TURNER, Plaintiff, v. SANO-RUBIN CONSTRUCTION COMPANY, Defendant and Third-Party Plaintiff-Appellant, et al., Defendants. AM CONTRACTING, LLC, Third-Party Defendant-Respondent. (And a Fourth-Party Action.)

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

April 15, 2004.


Crew III, J.

Plaintiff, an employee of fourth-party defendant, Rayco Acoustical, Inc. (hereinafter R & G), was injured when he fell off a scaffold at a construction site. The scaffold rolled out from under plaintiff after his supervisor, an R & G employee, unlocked the wheels of the scaffold and told plaintiff to pull himself along the rafters, thereby accelerating plaintiff's above-ground work.

Plaintiff thereafter commenced this action against, among...

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