MULLINS v. CENTER LINE STUDIOS, INC.

Index Nos. 152989/14, 595582/16, 595941/17. Appeal No. 14643. Case No. 2021-00915.

199 A.D.3d 526 (2021)

154 N.Y.S.3d 432

2021 NY Slip Op 06447

Timothy C. Mullins, Respondent, v. Center Line Studios, Inc., et al., Defendants, and New York Communications Center Associates, L.P., et al., Appellants. New World Stages, LLC, Third-Party Plaintiff-Appellant, v. Murder for Two Limited Liability Company, Third-Party Defendant-Appellant. (And Another Action.)

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

Decided November 18, 2021.


Attorney(s) appearing for the Case

Mischel & Horn, P.C., New York ( Scott T. Horn of counsel), for appellants.

Siegel & Coonerty LLP, New York ( Steven Aripotch of counsel), for respondent.

Concur—Webber, J.P., Kern, González, Mendez, Shulman, JJ.


Plaintiff made a prima facie showing that the wooden ladder he was using to help construct a theater set, which was mounted to the set wall and was required to be climbable, malfunctioned when the newly added top rung detached from the railing as he held onto it and leaned to the side (see Blake v Neighborhood Hous. Servs. of N.Y. City, 1 N.Y.3d 280, 289 n 8 [2003]; Ortiz-Cruz v Evers, 150 A.D.3d 622

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