GRANT v. STEVE MARK, INC.

7995, 8321/03.

96 A.D.3d 614 (2012)

947 N.Y.S.2d 97

2012 NY Slip Op 5075

MAXINE GRANT, Appellant, v. STEVE MARK, INC., et al., Respondents.

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

June 21, 2012.


Plaintiff testified that while cleaning the top shelves of a closet, in an apartment that was undergoing a gut renovation, the A-frame ladder that she was using to complete the task tipped over causing her to fall to the ground with the ladder falling on top of her. Under these circumstances, dismissal of the section 240 (1) cause of action was improper. Where, as here, a plaintiff has shown that the ladder on which she was standing was unstable and tipped over, a prima facie...

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