Alvarez v. Colgate Scaffolding & Equipment Corp.
Appellate Division of the Supreme Court of the State of New York
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
- Turcotte v. FellNew York Court of Appeals · 1986
- Sommer v. Federal Signal Corp.New York Court of Appeals · 1992
- Kush v. City of BuffaloNew York Court of Appeals · 1983
- Howard v. Poseidon Pools, Inc.New York Court of Appeals · 1988
- Roberts v. BOYS AND GIRLS REPUBLIC, INC.New York Court of Appeals · 2008
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3Cited by1 opinion
- Powers v. 31 E 31 LLCAppellate Division of the Supreme Court of the State of New York · 2014