HAJDERLLI v. WILJOHN 59 LLC

2261, 7441/07, 86305/07

71 A.D.3d 416 (2010)

897 N.Y.S.2d 37

SHPETIM HAJDERLLI, Appellant, v. WILJOHN 59 LLC et al., Respondents. WILJOHN 59 LLC et al., Third-Party Plaintiffs-Respondents, v. INNOVATIVE ELECTRIC OF NEW YORK, INC., Third-Party Defendant-Respondent.

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

Decided March 2, 2010.


According to plaintiff, although he did not use the A-frame ladder as intended by unfolding it, but instead, following his supervisor, used it as a ramp to reach the ground floor approximately four feet below, his use of the ladder was not what caused him to fall. Rather, plaintiff fell because his supervisor, who had himself just reached the ground safely without opening or securing the ladder, apparently forgot or never realized that plaintiff was on the ladder, and pulled...

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