2/14/2007
Lester Henry v. Devonshire Co. d/b/a 390 Riverdale Avenue Corp.
In Lester Henry v. Devonshire Co. d/b/a 390 Riverdale Avenue Corp., the inebriated plaintiff, pleading violations of Labor Law §§ 200, 240 and 241 as well as common law negligence, claimed that he was directed onto the roof of the defendant’s premises to clean leaves from the gutter during a rainstorm, a charge vigorously denied by the defendant’s employees. Plaintiff fell while descending a ladder, sustaining a fractured hip which required open reduction and internal fixation. Following the completion of discovery, CMM moved for summary judgment and were able to show that there was no contention or proof that the ladder was defective or that the defendant had actual or constructive notice of a defect.