Bauer v. Female Academy of Sacred Heart

—Crew III, J.

Appeals from a judgment and an amended judgment of the Supreme Court (Malone, Jr., J.), entered August 4, 1999 and November 16, 1999 in Albany County, upon a verdict rendered in favor of plaintiff.

The underlying facts are set forth in our prior decision in this matter (see, 250 AD2d 298). Third-party defendant, Environmental Service Systems, Inc. (hereinafter ESS), contracted with defendant to clean the exterior windows of a building owned by defendant. Plaintiff, an employee of ESS, was in the process of cleaning a third-story window on the building when he fell to the ground…