EGAN v. MONADNOCK CONSTRUCTION, INC.


43 A.D.3d 692 (2007)

841 N.Y.S.2d 547

GERARD EGAN, Appellant, v. MONADNOCK CONSTRUCTION, INC., Respondent.

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

Decided September 18, 2007.


The record establishes that in erecting scaffolding on the first floor of the building under construction, plaintiff covered the staircase that had provided the only means of access to the basement. With the staircase covered, plaintiff realized he needed additional materials for the scaffolding that were located in the basement, which was approximately 10 feet below the first floor. Instead of dismantling the first-floor scaffolding or attempting to locate one of the sufficiently...

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