Newman v. RCPI Landmark Properties, LLC

Order, Supreme Court, New York County (Eileen A. Rakower, J.), entered February 18, 2014, which denied defendants’ motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment accordingly.

It is undisputed that plaintiff George Newman was injured when he followed a coworker in climbing down from a loading platform by stepping onto piled up milk crates, which were on the ground, although defendants provided a wall-mounted ladder for use in exiting the platform. Plaintiffs choice to use the…