WINTERS v. MAIN LLC

7841, 109387/07.

96 A.D.3d 428 (2012)

947 N.Y.S.2d 418

2012 NY Slip Op 4294

EDWARD WINTERS, Appellant, v. MAIN LLC et al., Respondents, et al., Defendant. LC MAIN, LLC, et al., Third-Party Plaintiffs-Respondents, v. ROGER & SONS CONCRETE, INC., Third-Party Defendant-Respondent.

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

June 5, 2012.


Plaintiff testified that he lost his footing on a scaffold platform, causing a pipe he had been handed to slip downward in his hands, and that when he reached forward to grab the pipe, he felt a sharp pain in his back. He testified further that he did not know why he lost his footing; the scaffold did not shake or move, and there was no debris on the platform.

This evidence demonstrates as a matter of law that plaintiff's injuries were caused not by a failure to provide...

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