10 A.D.2d 501 | N.Y. App. Div. | 1960
Plaintiff, a glazier, ascended to the wide ledge of a mantle about 12 feet above the floor in the synagogue maintained by defendant to inspect a leaky stained-glass window. "While still on the ledge he changed some electric light bulbs at the direction of one of defendant’s officers. In descending from the mantle he came in contact with a heavy stone ornament resting on the ledge, which toppled over, struck and precipitated plaintiff to the floor.
The recovery below was based on the failure of defendant to supply a safe working space, as required by section 200 of the
The judgment should be reversed, on the law and on the facts, and a new trial granted, with costs to abide the event.
Botein, P. J., Rabin, M. M. Frank, McNally and Stevens, JJ., concur.
Judgment unanimously reversed, on the law and on the facts, and a new trial granted, with costs to abide the event.