RITZER v. 6 EAST 43RD STREET CORP.


57 A.D.3d 412 (2008)

871 N.Y.S.2d 26

JEFFREY RITZER, Appellant, v. 6 EAST 43RD STREET CORP. et al., Respondents.

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

December 30, 2008.


Plaintiff was injured when he fell from a scaffold. In order to defeat summary judgment, defendants had to establish that plaintiff had adequate safety devices available, that he was aware of that availability and the expectation that he would use them, that for no good reason he chose not to, and that had he not made that choice he would not have been injured (Kosavick v Tishman Constr. Corp. of N.Y., 50 A.D.3d 287, 288 [2008])...

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