ORPHANOUDAKIS v. DORMITORY AUTHORITY OF THE STATE OF NEW YORK


40 A.D.3d 502 (2007)

837 N.Y.S.2d 61

NICOLAOS ORPHANOUDAKIS, Appellant, v. DORMITORY AUTHORITY OF THE STATE OF NEW YORK et al., Respondents.

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

Decided May 29, 2007.


Plaintiff, a painter for a subcontractor of defendant TDX, was injured when he fell from a ladder that allegedly moved and "went crooked." In view of his unrefuted testimony that two of the ladder's four rubber feet were missing, there is no question that the ladder was defective and that plaintiff was not the sole proximate cause of the accident, thus entitling him to partial summary judgment on the issue of liability under Labor Law § 240 (1) (Greenidge v Anchor...

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