Defendants failed to establish that plaintiff's method of attempting to go from the balcony where he had been working onto a motorized scaffold was the sole proximate cause of his accident. The president of York testified that a worker would customarily go from a balcony to a motorized scaffold by jumping onto the scaffold and then climbing over its railing, which was the very method plaintiff was trying to employ when he fell (see Hernandez v Argo Corp.,
Welcome to the leading source of independent legal reporting
Let's get started
Sign on now to see your case.
Or view more than 10 million decisions and orders.
OLEA v. OVERLOOK TOWERS CORP.
9976, 17459/07, 84106/10.
106 A.D.3d 431 (2013)
965 N.Y.S.2d 39
2013 NY Slip Op 3185
HUGO OLEA, Appellant, v. OVERLOOK TOWERS CORP. et al., Respondents, et al., Defendant. (And a Third-Party Action.)
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided May 2, 2013.
Decided May 2, 2013.
Appellate Division of the Supreme Court of New York, First Department.
Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.
Cited Cases
- No Cases Found
Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.