Ball v. Cascade Tissue Group-New York, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtMugglin, J.
Appeal from an order of the Supreme Court (Ferradino, J.), entered April 20, 2006 in Saratoga County, which denied plaintiffs’ motion for partial summary judgment on the issue of liability pursuant to Labor Law § 240 (1).
Plaintiff Edwin Ball (hereinafter plaintiff) was injured when he fell from the third or fourth step of an unsecured eight-foot stepladder while installing steel tubing along the basement ceiling at a paper mill owned by defendants. Plaintiffs examination before trial testimony was that, as he was attaching clips to the tubes over his head, the two small legs of the stepladder…
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