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VELASCO v. GREEN-WOOD CEMETERY

8 A.D.3d 88 (2004)

779 N.Y.S.2d 459

DOMINGO R. VELASCO, Respondent, v. THE GREEN-WOOD CEMETERY et al., Appellants.

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

June 10, 2004.

Defendants argue that the ladder was in no way defective, and that the only cause of the accident was plaintiff's own negligence in helping to set up the ladder in soil and then using it even though he knew that his coworker was not holding it. The argument overlooks plaintiff's evidence that no safety devices were provided to protect him in the event the ladder slipped. Given an unsecured ladder and no other safety devices, plaintiff...

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