Vanino v. Bruckman

M. M. Frank, J. (dissenting).

In this negligence action, the defendant appeals from a judgment entered upon an order dismissing her third-party *1035complaint. The plaintiff, employed by the third-party defendant, sues for injuries sustained by reason of a fall from a ladder while he was painting the premises owned by the defendant (third-party plaintiff). We must, of course, be guided by the complaint which charges that the defendant “ operated, maintained and controlled a certain ladder on said premises ” and that the defendant “furnished plaintiff with the said ladder”. There is no allegation…