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PICANO v. ROCKEFELLER CENTER NORTH, INC.

1630, 115832/04, 590876/06

68 A.D.3d 425 (2009)

2009 NY Slip Op 8949

889 N.Y.S.2d 579

CORRADO PICANO et al., Respondents, v. ROCKEFELLER CENTER NORTH, INC., et al., Appellants. (And a Third-Party Action.)

Appellate Division of the Supreme Court of New York, First Department.

Decided December 3, 2009.

Given no dispute that no one was holding the ladder from which plaintiff fell when it suddenly shifted or wobbled, and that no safety devices were provided to prevent the ladder from slipping or plaintiff from falling if it did, it does not avail defendants to assert that the ladder itself was not defective (see Hernandez v Bethel United Methodist Church of N.Y., 49 A.D.3d 251, 252-253 [2008]; Rieger v 303 E. 37 Owners Corp.,...

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