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.,
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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.
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