TORRES v. OUR TOWNHOUSE, LLC

6616, 111545/07

91 A.D.3d 549 (2012)

937 N.Y.S.2d 53

2012 NY Slip Op 418

INDALECIO MALDONADO TORRES, Appellant, v. OUR TOWNHOUSE, LLC, et al., Respondents.

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

Decided January 24, 2012.


Plaintiff was injured when he fell to the ground while descending from a 12-foot-high sidewalk bridge without the use of a ladder or scaffold or any other safety device. Defendants contend that he was provided with a ladder and that his own decision to climb down a nearby tree instead of using the ladder was the sole proximate cause of his injuries. However, the record fails to support this contention. Even if defendants' evidence suggested that there might have been a ladder...

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