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NIETO v. CLDN NY LLC

8597, 159273/16.

170 A.D.3d 431 (2019)

93 N.Y.S.3d 553

2019 NY Slip Op 01537

Frank Nieto, Appellant-Respondent, v. CLDN NY LLC, Defendant/Third-Party Plaintiff-Respondent-Appellant. ECG Retail Logistics, LLC, Third-Party Defendant-Respondent-Appellant.

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

Decided March 5, 2019.

Plaintiff, who fell from a ladder while installing light fixtures in CLDN's building, was forced to install a portion of the light by standing on display cases approximately 20 feet high, and then returning to the top of the ladder to finish that portion of the installation, which was located partially over the cases. While attempting to maneuver himself into position on the ladder, he lost his balance and fell. Whether the ladder...

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