PAKENHAM v. WESTMERE REALTY, LLC


58 A.D.3d 986 (2009)

871 N.Y.S.2d 456

THOMAS D. PAKENHAM, JR., Appellant-Respondent, v. WESTMERE REALTY, LLC, Respondent-Appellant, and MICHAEL LEPKOWSKI et al., Respondents.

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

January 15, 2009.


Lahtinen, J.

Plaintiff, a service technician, commenced this action premised upon Labor Law §§ 200, 240 (1) and § 241 (6) after sustaining severe personal injuries when a ladder he was on toppled. Late in the afternoon of January 21, 2005, as plaintiff was headed home "towards the end of the day," he received a dispatch from his employer directing him to a report of "no heat" at the office of defendant LCB Tax Associates, Inc., which was located in...

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