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JIMENEZ v. RC CHURCH OF EPIPHANY

2010-07188.

85 A.D.3d 974 (2011)

926 N.Y.S.2d 133

2011 NY Slip Op 5456

MANUEL JIMENEZ et al., Respondents, v. RC CHURCH OF EPIPHANY, Appellant.

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

Decided June 21, 2011.

Ordered that the order is affirmed, with costs.

While painting the walls of the defendant's church, the plaintiffs allegedly placed a closed A-frame ladder atop a scaffold and leaned the ladder against the wall, as their supervisors had instructed them. Although the plaintiffs locked the wheels of the scaffold, the scaffold moved away from the wall while one of the plaintiffs was on the ladder and the other plaintiff was...

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