Dalton Harvey fell off a ladder that allegedly wobbled while he worked
After the Rockland County Supreme Court refused to find Malina Nealis, the building owner, liable for his injuries, Harvey appealed to the Appellate Division, Second Department.
Since discovery hadn't taken place, and there were "issues of fact over how the accident occurred, the origin of the ladder and the failure to provide proper protection," the AD2 thought it was premature to grant relief in Harvey's favor.
That Harvey wobbled but, he fell down .
To view a copy of the Appellate Divisions decision, please use this link: Harvey v. Nealis