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CHIN-SUE v. CITY OF NEW YORK

2009-09361.

83 A.D.3d 643 (2011)

919 N.Y.S.2d 870

LEROY CHIN-SUE, Appellant, v. CITY OF NEW YORK et al., Respondents, and INTERNATIONAL BUSINESS MACHINES CORP., Defendant/Third-Party Plaintiff-Respondent. CROSS-COUNTY TELEPHONE SYSTEMS, INC., Third-Party Defendant-Respondent.

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

Decided April 5, 2011.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs payable to the defendants and the third-party defendant appearing separately and filing separate briefs.

The defendants and the third-party defendant demonstrated that the ladder from which the plaintiff fell was not defective or inadequate, and that the plaintiff fell because he lost his balance (see Xidias v Morris Park Contr. Corp., 35 A.D.3d 850

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