SAAVEDRA v. 89 PARK AVENUE LLC

2033, 154454/14.

143 A.D.3d 615 (2016)

2016 NY Slip Op 06974

39 N.Y.S.3d 462

VICTOR SAAVEDRA, Appellant, v. 89 PARK AVENUE LLC et al., Respondents.

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

Decided October 25, 2016.


Denial of summary judgment on plaintiff's claim pursuant to Labor Law § 240 (1) was in error where plaintiff electrician was injured when he fell from an A-frame ladder as he was attempting to descend it. Plaintiff's use of a six-foot ladder that required him to stand on the top step did not make him the sole proximate cause of his accident where the eight-foot ladder could not be opened in the space due to the presence of construction debris (see Noor v City of New...

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