LIZAMA v. 1801 UNIV. ASSOC., LLC

8515, 301601/09.

100 A.D.3d 497 (2012)

954 N.Y.S.2d 58

JOSE G. LIZAMA, Respondent, v. 1801 UNIVERSITY ASSOCIATES, LLC, et al., Appellants.

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

November 15, 2012.


Plaintiff submitted evidence showing that while standing on the fourth rung of a five-rung A-frame ladder, and using both hands to move a sander back and forth on the walls, he was injured when the ladder suddenly shifted, a "crack" was heard and the ladder collapsed, causing him to fall to the floor. Plaintiff testified that he had examined the ladder prior to using it and found it to be functional. However, immediately following the accident, he noted that a stabilizing...

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