PETERS v. NEW SCHOOL

9042 106570/08.

102 A.D.3d 548 (2013)

958 N.Y.S.2d 133

2013 NY Slip Op 285

JOHN PETERS, Appellant, v. NEW SCHOOL, Respondent.

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

Decided January 22, 2013.


Plaintiff was injured when, while removing plywood sheets that were temporarily covering a hole in the floor, a wood beam that was used to support the plywood and upon which plaintiff was standing, cracked and caused him to fall through the hole. Plaintiff established, through his deposition testimony and the affidavit of his coworker, that defendant failed to provide any safety devices that would have prevented his fall, thereby entitling him to summary judgment (see...

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