D'AVILAR v. FOLKS ELECTRICAL INC.

1401.

67 A.D.3d 472 (2009)

889 N.Y.S.2d 554

2009 NY Slip Op 08063

PHILLIP D'AVILAR, Appellant, v. FOLKS ELECTRICAL INC. et al., Defendants, and LEE SPRING COMPANY et al., Defendants and Third-Party Plaintiffs-Respondents. WARREN ELEVATOR SERVICE CO., INC., Third-Party Defendant-Respondent.

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

Decided November 10, 2009.


Plaintiff, a helper employed by an elevator maintenance company, sustained significant injuries when his hand became caught while he was cleaning a wheel, chain and sprocket on an elevator at a time when the power was left on. Plaintiff testified that he began cleaning the machinery on the instructions of his supervisor who told him that the power was off. Where the evidence as to the cause of an accident that injured a plaintiff is undisputed, the question as to whether...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases