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AREVALO v. NASDAQ STOCK MARKET, INC.

28 A.D.3d 242 (2006)

813 N.Y.S.2d 383

FELIPE AREVALO, Appellant, v. NASDAQ STOCK MARKET, INC., et al., Respondents. (And a Third-Party Action.)

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

April 6, 2006.

Plaintiff fell off the ladder while attempting to reach a part of the sign that was dark. His work was undertaken pursuant to a contract under which his employer had agreed to "inspect and maintain" the sign, including daily inspections to ensure operation at 100% capacity and immediate repair of "any malfunction of the sign's operation." Plaintiff testified that he had been to the sign approximately 40 times during the 18 months...

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