Legal Opinion

Fermo v. Manufacturers Trust Co.

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

Decided February 26, 1962Published

1Opinion of the Court

Plaintiff, an employee of the subcontractor, testified that while installing air-conditioning ducts on the ceiling of defendant’s bank at Havemeyer Street in Brooklyn, on 'Saturday, May 25, 1957, the ladder which he had brought from his employer’s shop became unsteady. He asked the only bank employee present, one Frank Fornino, who was employed by defendant as a “ receptionist-guard ”, if there was a ladder about that he might use. Plaintiff asserted that the guard authorized him to use a ladder, assuring him that it was “ sturdy.” With the guard holding the ladder, plaintiff mounted it when…

2Cases cited7 opinions

  1. Osipoff v. City of New YorkNew York Court of Appeals · 1941
  2. Rounds v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1876
  3. Gambella v. John A. Johnson & Sons, Inc.Appellate Division of the Supreme Court of the State of New York · 1955
  4. Bryant v. Presbyterian Hosp. in City of NYNew York Court of Appeals · 1953
  5. Cannon v. FargoAppellate Division of the Supreme Court of the State of New York · 1910

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