Marsh v. Marsh

Appeal from an order of the Supreme Court (Mulvey, J.), entered February 21, 2007 in Chemung County, which denied defendants’ motion for summary judgment dismissing the complaint.

Plaintiff, defendants’ son, went to defendants’ single-family home to assist his father in removing a CB antenna from a flat garage roof. Plaintiff and his father placed a single 16-foot section of ladder, equipped with rubberized feet, at an approximate angle of 60 degrees against the building. The ladder, with the feet properly positioned, was placed on the asphalt driveway (which defendant Larry Marsh described as…