Perry v. National Structures, Inc.

—Order unanimously affirmed with costs. Memorandum: National Structures, Inc. (defendant) was the general contractor on a construction project where plaintiff was employed as a plumber by third-party defendant ABL Plumbing & Heating Corporation, a subcontractor. While installing piping in the ceiling of a housing unit, plaintiff was standing on the third or fourth rung of a six-foot, wooden ladder provided to him. To avoid a falling shim that had become dislodged above him, plaintiff shifted on the ladder, the ladder gave way and plaintiff fell to the concrete floor, injuring his lower back.…