Azoltovic v. George A. Fuller Co.

Judgment, Supreme Court, New York County, entered December 18, 1972, so far as appealed from, unanimously reversed, on the law, without costs and without disbursements, and the complaint dismissed as to defendants-appellants. During the course of construction of a building, plaintiff-respondent, employee of a subcontractor, was instructed by his foreman to secure all objects on a six-level scaffolding because of expectation of a high wind. He did so, wearing an aluminum helmet, and climbing the six levels, at the top of which he saw, on the roof of the adjacent building, part of the same…