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BERG v. ALBANY LADDER COMPANY, INC.

10 N.Y.3d 902 (2008)

891 N.E.2d 723

861 N.Y.S.2d 607

FREDERICK BERG, Appellant, v. ALBANY LADDER COMPANY, INC., Defendant, and MARKAN ASSOCIATES, LLC, et al., Respondents. CAPITAL FRAMING AND CONSTRUCTION CORPORATION, Third-Party Plaintiff-Respondent; STONE BRIDGE IRON & STEEL et al., Third-Party Defendants-Respondents.

Court of Appeals of the State of New York.

Decided June 12, 2008.

Attorney(s) appearing for the Case

Capasso & Massaroni LLP, Schenectady (John R. Seebold of counsel), for appellant.

Ahmuty, Demers & McManus, Albertson (Brendan T. Fitzpatrick of counsel), for respondents and third-party plaintiff-respondent.

Hanlon, Veloce & Wilkinson, Albany (Christine D'Addio Hanlon of counsel), for Stone Bridge Iron & Steel, third-party defendant-respondent.

Law Offices of Epstein & Donnelly, Latham (Jeffrey T. Culkin of counsel), for Fast Trek Steel, Inc., third-party defendant-respondent.

Chief Judge KAYE and Judges GRAFFEO, READ, SMITH, PIGOTT and JONES concur; Judge CIPARICK taking no part.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

In October 2000, plaintiff Frederick Berg was working on a flatbed truck unloading steel trusses with the assistance of a forklift operated by a coworker. While plaintiff was standing atop several bundles of trusses about 10 feet off the ground, another bundle became unstable and began to roll over on top of him. Rather than being crushed by the trusses...

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