While working on a construction project, Thomas Dalvano fell off a ladder that was missing a rung. When he later sued the general contractor, Racanelli Construction Company, the Nassau County Supreme Court refused to dismiss the case and that company appealed.
Since no one knew who was the ladder's owner, the Appellate Division, Second Department, thought a trial was necessary to determine whether Racanelli had "control" over the site and knew of the ladder's "dangerous or defective condition."
There was no leaving her in a Lurch .
To view a copy of the Appellate Division's decision, please use this link, Dalvano v. Racanelli Constr. Co., Inc.