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HOWARD v. TURNER CONSTRUCTION COMPANY

104923/09, 16422, 590471/11, 590471/11, 150641/12, 16421.

134 A.D.3d 523 (2015)

21 N.Y.S.3d 251

2015 NY Slip Op 09224

WILLIAM J. HOWARD, Respondent-Appellant, v. TURNER CONSTRUCTION COMPANY et al., Appellants-Respondents. TURNER CONSTRUCTION COMPANY et al., Third-Party Plaintiffs-Respondents, v. HIGH RISE FIRE PROTECTION CORPORATION, Third-Party Appellant-Respondent. (And Other Third-Party Actions.)

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

Decided December 15, 2015.

Plaintiff's deposition testimony establishes that a proximate cause of his injury was his inability to open properly the 12- to 14-foot A-frame ladder from which he fell, because a pile of sheetrock was being stored on the floor where he was working (see Keenan v Simon Prop. Group, Inc., 106 A.D.3d 586, 588 [1st Dept 2013]). Thus, contrary to defendants' contention, plaintiff was not the sole proximate cause of his accident, and...

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