WHALEN v. EXXONMOBIL OIL CORPORATION


50 A.D.3d 1553 (2008)

856 N.Y.S.2d 789

JOHN J. WHALEN et al., Respondents, v. EXXONMOBIL OIL CORPORATION et al., Appellants.

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

Decided April 25, 2008.


It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum:

Plaintiffs commenced this Labor Law and common-law negligence action seeking damages for injuries sustained by John J. Whalen (plaintiff). Plaintiff was injured when he leaned a six-foot A-frame ladder in the closed position against a door and stood on the first or second rung from the top. As plaintiff reached...

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