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STALLONE v. PLAZA CONSTRUCTION CORP.

Nos. 7063, 105940/08, 7064.

95 A.D.3d 633 (2012)

944 N.Y.S.2d 130

2012 NY Slip Op 3870

MICHAEL V. STALLONE et al., Appellants-Respondents, v. PLAZA CONSTRUCTION CORP. et al., Respondents, and LIVINGSTON ELECTRICAL ASSOCIATES, INC., Respondent-Appellant, et al., Defendant.

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

Decided May 17, 2012.

Plaintiff Michael Stallone was injured when, in the course of descending a fixed 14-foot ladder linking upper and lower platforms on a large crane, his foot slipped on a metal rung and he fell 13 feet to the next platform below. The permanently affixed ladder plaintiff used was the only means by which he could reach his elevated work site and, as such, was a device within the meaning of section 240 (1) (see Crimi v Neves Assoc...

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