OSARIO v. BRF CONSTRUCTION CORP.


23 A.D.3d 202 (2005)

803 N.Y.S.2d 525

ERIC OSARIO, Respondent, v. BRF CONSTRUCTION CORP. et al., Appellants.

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

November 3, 2005.


The court properly granted plaintiff's cross motion as against the owner of the building under construction and the general contractor. The ladder provided to plaintiff to cut down temporary feeder cable was not an adequate safety device for the task he had been directed to perform and was a proximate cause of the accident and injuries. The method employed by plaintiff was not, under any view of the evidence, the sole proximate cause of his injuries (see Ben Gui Zhu v...

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