Legal Opinion
Montgomery v. FEDERAL EXPRESS CORPORATION
New York Court of Appeals
Decided March 24, 2005PublishedCited by 96 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should he affirmed with costs.
Plaintiff, who was employed as a helper by an elevator company, and Peter Mazzei, an elevator mechanic, were assigned to do work in an elevator “motor room” located some four feet above the roof level of a building. Arriving on the roof, plaintiff and Mazzei found that stairs that had previously led from the roof to the motor room had been removed. There was no ladder in the immediate vicinity, but ladders were available at the job site.
Rather than go and get a ladder, plaintiff and Mazzei climbed…
2Cases cited1 opinion
- Blake v. Neighborhood Housing Services of New York City, Inc.New York Court of Appeals · 2003
3Cited by96 opinions
- Robinson v. East Medical CenterNew York Court of Appeals · 2006
- Gallagher v. New York PostNew York Court of Appeals · 2010
- Delahaye v. Saint Anns SchoolAppellate Division of the Supreme Court of the State of New York · 2007
- Harris v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2011
- Mulcaire v. Buffalo Structural Steel Construction Corp.Appellate Division of the Supreme Court of the State of New York · 2007
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