MARIN v. LEVIN PROPERTIES


28 A.D.3d 525 (2006)

812 N.Y.S.2d 645

RAPHAEL MARIN, Appellant, v. LEVIN PROPERTIES, LP, et al., Respondents.

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

April 11, 2006.


Ordered that the order is affirmed, with costs.

The plaintiff, a roofer, sustained injuries when he fell while attempting to climb a wall to access the roof that he was hired to repair. After his foreman successfully climbed the wall of the building using the decorative bricks protruding therefrom to access the roof, the plaintiff attempted to do the same, but lost his balance near the top and fell. It is undisputed that there was a ladder strapped to a truck located...

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