PETROCELLI v. TISHMAN CONSTRUCTION CO.


19 A.D.3d 145 (2005)

797 N.Y.S.2d 12

PETER PETROCELLI et al., Appellants, v. TISHMAN CONSTRUCTION CO. et al., Defendants, and HINES MANAGEMENT CO. et al., Respondents.

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

June 7, 2005.


Plaintiff, a journeyman electrician, was injured in the course of a renovation project when he fell from a ladder. Conflicting evidence with respect to how plaintiff fell from the ladder presented a triable issue as to whether plaintiff's injury was attributable to a failure on defendants' part to provide adequate protective devices or was solely attributable to plaintiff's own conduct (see Blake v Neighborhood Hous. Servs. of N.Y. City, 1 N.Y.3d 280...

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