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RIVERA v. 800 ALABAMA AVE., LLC

70 A.D.3d 798 (2010)

892 N.Y.S.2d 915

ANDREW RIVERA, Respondent, v. 800 ALABAMA AVE., LLC, et al., Defendants, and VASAP DEVELOPMENT CORP., Appellant.

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

Decided February 9, 2010.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff allegedly was injured when an unsecured extension ladder slipped from underneath him as he was applying molding around the top edge of a freezer. As the ladder slipped, the plaintiff, who was on the fourth or fifth rung, climbed higher and grabbed a vertical metal stud which ran from the top of the freezer to the ceiling. Although the...

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