Christmann v. Murphy
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order unanimously re*1070versed on the law without costs, motion granted and complaint dismissed. Memorandum: Margaret Christmann (plaintiff) sustained injuries when she fell from a stepladder while picking cherries for purchase at Murphy’s Orchards, a fruit farm owned by defendant. Plaintiff fell from the second step below the top cap of the stepladder that was supplied by defendant. Plaintiff testified at her deposition that she was aware of the risks involved in climbing to that step because there is "[n]o support and no way to balance yourself’.
Supreme Court erred in denying defendant’s motion…
2Cases cited6 opinions
- Basso v. MillerNew York Court of Appeals · 1976
- Macey v. TrumanNew York Court of Appeals · 1987
- Tarricone v. StateAppellate Division of the Supreme Court of the State of New York · 1991
- Thornhill v. Toys "R" Us NYTEX, Inc.Appellate Division of the Supreme Court of the State of New York · 1992
- Lichtenthal v. St. Mary's ChurchAppellate Division of the Supreme Court of the State of New York · 1990
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Mazurek v. Home Depot U.S.A., Inc.Appellate Division of the Supreme Court of the State of New York · 2003
- Gustin v. Association of Camps Farthest Out, Inc.Appellate Division of the Supreme Court of the State of New York · 1999
- Prairie v. Sacandaga Bible Conference CampAppellate Division of the Supreme Court of the State of New York · 1998
- Baggott v. CorcoranAppellate Division of the Supreme Court of the State of New York · 2008
- Barnes v. SandersAppellate Division of the Supreme Court of the State of New York · 2000
3 more not listed; retrieve them via the Exa API.