Georgia v. Urbanski
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Mercure, J.P.
Appeal from an order of the Supreme Court (Catena, J.), entered September 7, 2010 in Montgomery County, which denied plaintiffs’ motion for partial summary judgment on the issue of liability pursuant to Labor Law § 240 (1).
Plaintiff Thomas R. Georgia (hereinafter plaintiff) was employed to do framing work on a home under construction in the Town of Stillwater, Saratoga County. He used a ladder on ice outside of the excavated foundation while installing joists and lumber, and was injured when the ladder “kicked out” from under him as he reached over to place a joist. Plaintiff and…
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