Ordered that the order is reversed, on the law, with costs, and the motion is granted.
The plaintiff was "chipping concrete" as part of a repair of a train trestle located at the Huguenot station in Staten Island. A gust of wind caused by the passing of a nearby train caused a tarp to exert pressure against the plaintiff's ladder, the ladder moved away from the wall on which it had been propped, and this movement prompted the plaintiff to release his grasp and fall...
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