MIRO v. PLAZA CONSTRUCTION CORP.


38 A.D.3d 454 (2007)

834 N.Y.S.2d 36

TOM MIRO et al., Respondents, v. PLAZA CONSTRUCTION CORP. et al., Appellants, et al., Defendants. (And a Third-Party Action.)

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

Decided March 29, 2007.


The first-named plaintiff alleges that, while installing fire alarms at 727 Madison Avenue, he slipped and fell as he climbed down a six-foot wooden ladder that was partially covered with sprayed-on fireproofing material. Plaintiff alleges that the fireproofing material caused him to lose his footing. At his deposition, plaintiff testified that he could have requested a different ladder, but did not.

On the foregoing undisputed facts, plaintiffs' motion for partial...

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