WEBER v. BACCARAT, INC.


70 A.D.3d 487 (2010)

ARTHUR WEBER et al., Respondents-Appellants, v. BACCARAT, INC., Appellant, 625 MADISON AVENUE ASSOCIATES et al., Appellants-Respondents, and KING FREEZE MECHANICAL CORP., Respondent, et al., Defendants.

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

Decided February 16, 2010.


Plaintiff Arthur Weber was injured in a fall from the fourth or fifth rung of an A-frame ladder on which he was standing while installing a heating, ventilation and air conditioning (HVAC) system in a ceiling. Plaintiff testified that he heard a "pop" and saw the right rear leg of the ladder shift forward and separate from the top plate, causing the ladder to fall. This uncontested testimony that the ladder broke by itself established prima facie a violation of Labor Law...

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