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Alleged violation of Labor Law Sections ________, ________(6) and ________ - Plaintiff falls off roof while fixing air conditioning unit - Fractures of both legs.

Queens County

The male plaintiff brought this action alleging Labor Law violations against the owner of the Carvel Ice Cream store where he fell off a ladder that he had climbed to repair an air conditioning unit on the roof. The plaintiff alleged that the ladder slipped because the rubber safety pads on the feet of the ladder were worn out. The defendant argued that: (1) the ladder did not belong to the defendant; and (2) the plaintiff was responsible for his injuries because of the way he placed the ladder and his failure to follow directions as to the proper use of the ladder provided by the manufacturer.

The plaintiff, in his 50s at the time of the fall, was married to a partner of the corporation that owned the Carvel Store and was the brother-in-law of the other partner. The plaintiff owned a restaurant next to the Carvel store and owned the property on which both the Carvel store and the restaurant were situated. The plaintiff testified that when the ladder slid, he fell some 15 feet sustaining serious fractures to both of his legs.

The plaintiff brought claims under Labor Law sections ________ and ________(6) that were dismissed on the defendant’s motion for summary judgment. The trial continued on the section ________ claim and on the theory of common law negligence.

The former owner of the Carvel store testified that when he sold the store to the defendant corporation, the ladder was included in the sale. The plaintiff argued, therefore, that the ladder did, in fact, belong to the defendant. The plaintiff’s construction safety expert opined that the feet of the ladder had been significantly worn, reducing the necessary traction to grip the ground. The defendant’s expert engineer opined that while the ladder did show some wear on its feet, this was not the cause of the accident, which he attributed to the plaintiff’s improper placement of the ladder.

The plaintiff demanded $________. While the jury was deliberating, the defendant made an offer of $________ that was refused. The trial was bifurcated. After a five-day-trail on liability and after deliberating for a half day, the jury returned a defense verdict.

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