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McCARTHY v. TURNER CONSTRUCTION, INC.

52 A.D.3d 333 (2008)

859 N.Y.S.2d 648

JOHN McCARTHY et al., Respondents, v. TURNER CONSTRUCTION, INC., Defendant, JOHN GALLIN & SON, INC., Appellant, and BOSTON PROPERTIES, INC., et al., Respondents. JOHN GALLIN & SON, INC., Third-Party Plaintiff-Appellant, v. LINEAR TECHNOLOGIES, INC., Third-Party Defendant-Respondent-Appellant. LINEAR TECHNOLOGIES, INC., Second Third-Party Plaintiff-Respondent-Appellant, v. SAMUELS DATACOM, LLC, Second Third-Party Defendant-Respondent-Appellant.

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

Decided June 12, 2008.

Plaintiff was injured when the unsecured ladder he was standing on to drill holes in a ceiling tipped over and he fell to the floor (see Rieger v 303 E. 37 Owners Corp., 49 A.D.3d 347 [2008]; Peralta v American Tel. & Tel. Co., 29 A.D.3d 493 [2006]). Plaintiff was not required to show that the ladder was defective in some way as part of his...

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