COHEN v. COLUMBIA UNIVERSITY IN THE CITY OF NEW YORK


44 A.D.3d 533 (2007)

844 N.Y.S.2d 31

MICHAEL COHEN et al., Appellants, v. COLUMBIA UNIVERSITY IN THE CITY OF NEW YORK, Respondent.

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

Decided October 25, 2007.


Plaintiff elevator mechanic alleges that, as he descended a retractable ladder affixed to defendant's premises to afford access to and from its elevator machine room, the ladder shifted, causing him to fall and sustain injury. Plaintiff's Labor Law § 200 claim should not have been dismissed since defendant failed to show, prima facie, that it fulfilled its duty to inspect and maintain the allegedly defective ladder (see Personius v Mann, 5 N.Y...

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