ZENGOTITA v. JFK INTERNATIONAL AIR TERMINAL, LLC

1358.

67 A.D.3d 426 (2009)

889 N.Y.S.2d 545

2009 NY Slip Op 07941

CAESAR ZENGOTITA, Appellant, v. JFK INTERNATIONAL AIR TERMINAL, LLC, Respondent.

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

Decided November 5, 2009.


Plaintiff established, through his deposition testimony and his affidavits, that he fell from a scaffold platform because the scaffold moved, despite the fact that the wheels were securely locked, when he bent down to begin his descent from the platform. Defendant failed to present any evidence to support its contention that plaintiff fell because he was climbing down the scaffold in an improper manner. The uncontroverted evidence that the scaffold failed and that no other...

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