ERVIN v. CONSOLIDATED EDISON OF NEW YORK

7072, 23210/06.

93 A.D.3d 485 (2012)

940 N.Y.S.2d 223

2012 NY Slip Op 1771

MICHAEL ERVIN et al., Appellants, v. CONSOLIDATED EDISON OF NEW YORK et al., Respondents.

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

Decided March 13, 2012.


In this action for personal injuries, plaintiff Michael Ervin, was injured while working at a construction site owned by defendant Consolidated Edison where an electrical substation was being built, when a temporary structure that he was descending to gain access to grade level from the top of a concrete wall, approximately three feet high, gave way causing him to fall. It is irrelevant whether the structure constituted a staircase, ramp, or passageway since it was a safety...

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