Plass v. Solotoff

In Plass v. Solotoff (5 A.D.3d 365, 773 N.Y.S.2d 84 [2d Dept 2004]), the Appellate Division found as a matter of law that plaintiff was the sole cause of his own injuries and, therefore, granted a motion for a directed verdict made by defendant at the close of plaintiff's case. In that case, the plaintiff Plass, who owned a subcontracting business, unilaterally made the determination to use only a one-plank scaffold despite having the requisite three planks available to him, and thus caused his own injury (Plass v. Solotoff, supra).