Newman v. RCPI Landmark Properties, LLC

Appellate Division of the Supreme Court of New York

Newman v. RCPI Landmark Properties, LLC

124 A.D.3d 551, 998 N.Y.S.2d 633

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 29, 2015

Docket14072 155632/12

StatusPublished

This text of 124 A.D.3d 551 (Newman v. RCPI Landmark Properties, LLC) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Newman v. RCPI Landmark Properties, LLC, 124 A.D.3d 551, 998 N.Y.S.2d 633 (N.Y. Ct. App. 2015).

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Opinion

Order, Supreme Court, New York County (Eileen A. Rakower, J.), entered February 18, 2014, which denied defendants’ motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment accordingly.

It is undisputed that plaintiff George Newman was injured when he followed a coworker in climbing down from a loading platform by stepping onto piled up milk crates, which were on the ground, although defendants provided a wall-mounted ladder for use in exiting the platform. Plaintiffs choice to use the crates rather than the ladder was the sole cause of his injuries *552 (see Torres v 1420 Realty, L.L.C., 111 AD3d 434 [1st Dept 2013]; see also Montgomery v Federal Express Corp., 4 NY3d 805 [2005]). Whether the ladder was visible behind the trucks that were parked in the area is irrelevant, since plaintiff testified that he did not look for another means of accessing the parking level.

Concur — Gonzalez, EJ., Friedman, Andrias, Gische and Kapnick, JJ.

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Order, Supreme Court, New York County (Eileen A. Rakower, J.), entered February 18, 2014, which denied defendants’ motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment accordingly.

It is undisputed that plaintiff George Newman was injured when he followed a coworker in climbing down from a loading platform by stepping onto piled up milk crates, which were on the ground, although defendants provided a wall-mounted ladder for use in exiting the platform. Plaintiffs choice to use the crates rather than the ladder was the sole cause of his injuries *552 (see Torres v 1420 Realty, L.L.C., 111 AD3d 434 [1st Dept 2013]; see also Montgomery v Federal Express Corp., 4 NY3d 805 [2005]). Whether the ladder was visible behind the trucks that were parked in the area is irrelevant, since plaintiff testified that he did not look for another means of accessing the parking level.

Concur — Gonzalez, EJ., Friedman, Andrias, Gische and Kapnick, JJ.

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Bluebook (online)

124 A.D.3d 551, 998 N.Y.S.2d 633, Counsel Stack Legal Research, https://law.counselstack.com/opinion/newman-v-rcpi-landmark-properties-llc-nyappdiv-2015.

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