MAMMONE v. T.G. NICKEL & ASSOC., LLC

2014-10808, Index No. 13087/11.

144 A.D.3d 761 (2016)

2016 NY Slip Op 07300

41 N.Y.S.3d 97

ENZO MAMMONE, Appellant, v. T.G. NICKEL & ASSOCIATES, LLC, Respondent, et al., Defendants.

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

Decided November 9, 2016.


Ordered that the order is affirmed insofar as appealed from, with costs.

In July 2011, construction work was being done at Garden City High School. On July 27, 2011, the air conditioners on the roof of the school stopped working and the plaintiff, a maintenance worker for the school district, was assigned by his supervisor to fix them. The plaintiff obtained access to the air conditioners by climbing a ladder that was permanently affixed to the exterior of the building...

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