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COLON v. THIRD AVE. OPEN MRI, INC.

9440, 23906/15E.

172 A.D.3d 614 (2019)

98 N.Y.S.3d 837

2019 NY Slip Op 04107

Felix Colon, Appellant, v. Third Avenue Open MRI, Inc., et al., Respondents.

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

Decided May 28, 2019.

Plaintiff, who occasionally worked as a handyman for defendants, was injured when he fell from a six-foot A-frame ladder which he was climbing to fix a leak from the ceiling in defendant's x-ray room. Plaintiff surmised that the leak was coming from the joint of a cast iron drain pipe in the ceiling, and that he could tighten the clamps with a screwdriver that he had on his person. Defendant's principal testified that the leak...

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