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While working on Celania P.’s home, Rumaldo C. fell off a ladder and later sued the woman for negligence--claiming she failed to maintain the property in a reasonably safe condition.

After the Bronx County Supreme Court dismissed Rumaldo’s case, he appealed to the Appellate Division, First Department, which found Rumaldo’s recitation of the underlying facts to be contradictory.

Although Rumaldo’s affidavit alleged the bottom of the ladder came into contact with a cracked portion of the driveway, his oral testimony at a deposition indicated he hadn’t placed the ladder on any defective condition. As a result, the AD1 concluded that a “defect” wasn’t what caused the fall, and dismissed his case.

Something sure fell through the cracks there.

To view a copy of the Appellate Division’s decision, please use this link: C. v. P.