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NEWMAN v. RCPI LANDMARK PROPERTIES, LLC

14072, 155632/12.

124 A.D.3d 551 (2015)

998 N.Y.S.2d 633

GEORGE NEWMAN et al., Respondents, v. RCPI LANDMARK PROPERTIES, LLC, et al., Appellants.

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

Decided January 29, 2015.

It is undisputed that plaintiff George Newman was injured when he followed a coworker in climbing down from a loading platform by stepping onto piled up milk crates, which were on the ground, although defendants provided a wall-mounted ladder for use in exiting the platform. Plaintiff's choice to use the crates rather than the ladder was the sole cause of his injuries (see Torres v 1420 Realty, L.L.C., 111...

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