Legal Opinion

Alvarez v. Colgate Scaffolding & Equipment Corp.

Appellate Division of the Supreme Court of the State of New York

Decided December 17, 2009PublishedCited by 1 opinion

1Opinion of the Court

*584Issues of fact as to the whether the sidewalk bridge’s cross-brace from which plaintiff fell was properly installed precluded summary dismissal (see Sommer v Federal Signal Corp., 79 NY2d 540, 554-555 [1992]). Colgate’s principal testified that the bridge was installed properly, that when Colgate oversees an installation the cross-braces are always tightened securely, that construction workers often loosen the bolts and remove the cross-braces to make the transport of materials onto the sidewalk easier, and that no one made any complaints to Colgate about improper installation. This, coupled…

2Cases cited11 opinions

  1. Turcotte v. FellNew York Court of Appeals · 1986
  2. Sommer v. Federal Signal Corp.New York Court of Appeals · 1992
  3. Kush v. City of BuffaloNew York Court of Appeals · 1983
  4. Howard v. Poseidon Pools, Inc.New York Court of Appeals · 1988
  5. Roberts v. BOYS AND GIRLS REPUBLIC, INC.New York Court of Appeals · 2008

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3Cited by1 opinion

  1. Powers v. 31 E 31 LLCAppellate Division of the Supreme Court of the State of New York · 2014

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