Appellate Division of the Supreme Court of the State of New York March 29, 2007 (Miro v. Plaza Construction Corp.)

Gonzalez and Sweeny, JJ., dissent in a memorandum by Gonzalez, J., as follows:

Plaintiff, employed by a subcontractor retained to install fire alarms in a building under renovation, was allegedly injured when he slipped and fell from a ladder that was partly covered with fireproofing material.