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FAULKNER v. CITY OF NEW YORK

2009-09381.

79 A.D.3d 796 (2010)

913 N.Y.S.2d 724

VINCENT J. FAULKNER et al., Appellants, v. CITY OF NEW YORK et al., Defendants, and JACK'S INSULATION CONTRACTING CORP., Doing Business as J.I.C.C. INDUSTRIES, Respondent.

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

Decided December 14, 2010.

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

While performing maintenance work on an escalator motor at Shea Stadium, the plaintiff Vincent J. Faulkner (hereinafter the plaintiff) allegedly sustained injuries when a permanently installed ladder in the pit in which the motor was located gave way as he attempted to descend it to the bottom of the pit. Thereafter, he and his wife, suing derivatively...

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