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BETANCUR v. LINCOLN CTR. FOR PERFORMING ARTS, INC.

8714, 108912/08, 590259/09, 590635/09, 590538/10.

101 A.D.3d 429 (2012)

956 N.Y.S.2d 7

2012 NY Slip Op 8405

CELENE BETANCUR, Plaintiff, v. LINCOLN CENTER FOR THE PERFORMING ARTS, INC., et al., Appellants/Third-Party Plaintiffs-Appellants/Second Third-Party Plaintiffs-Appellants, and JDP MECHANICAL, INC., Respondent/Second Third-Party Defendant-Respondent. STAR-DELTA ELECTRIC, LLC, Third-Party Defendant-Respondent. (And a Third Third-Party Action.)

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

December 6, 2012.

Plaintiff testified that the ladder she stood on inexplicably wobbled beneath her, causing her to fall and be injured, and there is no evidence in the record from which it could reasonably be inferred that she was the sole proximate cause of her injuries (see Harrison v V.R.H. Constr. Corp., 72 A.D.3d 547 [1st Dept 2010]).

The record does not support a finding that JDP was a statutory agent for purposes of Labor Law §...

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