11 A.D.2d 902 | N.Y. App. Div. | 1960
Judgment unanimously reversed on the law and new trial granted, with costs to plaintiff-appellant to abide the event, and complaint of third-party plaintiff-appellant reinstated, without costs to either third-party plaintiff-appellant or third-party defendant-respondent. Memorandum: Plaintiff’s intestate, a master window cleaner, was employed to wash the windows of an enclosed bridge which connected a parking lot with the defendant’s main plant. To wash the outside of the window, he opened the ventilating section of the window and sat upon a plank which he placed on it with his legs inside the building and the upper portion of his body outside. A support arm of the window panel broke free