HERNANDEZ v. 42/43 REALTY LLC

3042, 22179/05.

74 A.D.3d 558 (2010)

903 N.Y.S.2d 367

MELISSA HERNANDEZ, Respondent, v. 42/43 REALTY LLC et al., Appellants. (And a Third-Party Action.)

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

Decided June 15, 2010.


Plaintiff, a field technician, was injured in the course of installing digital subscriber line jacks in a residential building under construction. Specifically, it was her job to ascend a ladder, situated in the subbasement, while a coworker on an upper floor was to feed her fiber-optic cable through a conduit in the ceiling. After she positioned the ladder, checked to ensure that it was firmly planted, and climbed it, it started to shake and toppled over, causing her to...

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