DECOURSEY v. SEVEN HANOVER ASSOCIATES, LLC


39 A.D.3d 342 (2007)

833 N.Y.S.2d 482

BRIAN DECOURSEY, Respondent, v. SEVEN HANOVER ASSOCIATES, LLC, et al., Appellants.

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

Decided April 17, 2007.


Defendants emphasize evidence indicating that the alleged accident may have been caused in part by plaintiff's act of leaning out on the ladder. However, there was unrefuted evidence that although the ladder was designed to lock into a window mullion, the window at which the ladder was to be placed had no mullion, and that plaintiff pointed out this incompatibility to his supervisor but was repeatedly instructed, along with his coworker, to use the ladder. It was thus established...

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