ASPROMONTE v. JUDLAU CONTR., INC.

6846, 155793/14.

162 A.D.3d 484 (2018)

78 N.Y.S.3d 334

2018 NY Slip Op 04288

Frank Aspromonte, Appellant, v. Judlau Contracting, Inc., et al., Respondents, et al., Defendants.

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

Decided June 12, 2018.


Plaintiff established entitlement to judgment as a matter of law through his testimony that a rail improperly wedged against a wall broke or gave way when he leaned on it while moving a broken light fixture out of the way, causing him to fall a considerable distance down a shaft. Plaintiff also submitted the testimony of his coworker, his foreman, and defendants' safety personnel regarding their observations shortly after the accident, which was consistent with plaintiff...

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