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BERG v. ALBANY LADDER COMPANY, INC.

40 A.D.3d 1282 (2007)

836 N.Y.S.2d 720

FREDERICK BERG, Appellant, v. ALBANY LADDER COMPANY, INC., et al., Defendants, and CAPITAL FRAMING AND CONSTRUCTION CORPORATION, Defendant and Third-Party Plaintiff-Respondent. STONE BRIDGE IRON & STEEL et al., Third-Party Defendants-Respondents-Appellants, and FAST TREK STEEL, Third-Party Defendant-Respondent, et al., Third-Party Defendant.

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

Decided May 17, 2007.

Lahtinen, J.

Plaintiff was injured while helping unload steel trusses from a flatbed truck at a construction site. There were two levels of trusses on the truck. Plaintiff had climbed onto the lower level, estimated at five feet above the bed of the truck and 10 feet above the ground. The trusses were being unloaded with the assistance of a large forklift. One set of trusses rolled toward plaintiff creating a situation he described as presenting the option to "either...

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