LOPEZ v. MELIDIS


31 A.D.3d 351 (2006)

820 N.Y.S.2d 210

DIEGO LOPEZ, Appellant, v. ATHENA MELIDIS et al., Respondents.

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

July 27, 2006.


Plaintiff's testimony indicated that he was standing approximately 12 feet above the ground on an A-frame ladder placed at his supervisor's direction on the platform of an eight-foot-high scaffold, and that the scaffold and the ladder moved as he began removing an overhead sprinkler head. Since the scaffold-and-ladder arrangement did not prevent plaintiff from falling—"the core objective of Labor Law § 240 (1)" (Ross v Curtis-Palmer Hydro-Elec. Co.,

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