BERMAN v. FRANCHISED DISTRIBUTORS, INC.

2010-08598.

88 A.D.3d 755 (2011)

930 N.Y.S.2d 891

2011 NY Slip Op 7195

JEFFREY BERMAN, Appellant, et al., Plaintiff, v. FRANCHISED DISTRIBUTORS, INC., et al., Respondents.

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

Decided October 11, 2011.


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

The plaintiff Jeffrey Berman (hereinafter the plaintiff) was employed to power wash and paint the exterior of a commercial building. At his deposition, he testified that he placed an A-frame ladder so that two of its footings were resting on grass and two were resting on an asphalt sidewalk alongside a wall of the building. Working alone, he proceeded to power wash the wall, causing water to...

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