After Kenneth Ashford fell off a 10-foot-tall ladder while at work, a Queens County Supreme Court found the property owners liable for what had happened.
But since they were "out of possession" landlords who neither owned nor controlled the ladder, had no duty to maintain the premises, and, because Kenneth wasn't able to identify what caused the fall, the Appellate Division, Second Department, reversed and ended up throwing his case out.
Did he have to take that fall?
To view a copy of the Appellate Division's decision, please use this link: Ashford v. Tannenhauser