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CLANCY v. PORT OF NEW YORK AUTH.

55 A.D.2d 587 (1976)

Delores Clancy, Individually and as Administratrix of The Estate of Michael J. Clancy, Deceased, Respondent, v. Port of New York Authority et al., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

December 28, 1976

The tragic death of plaintiff-respondent's decedent resulted, according to unassailable circumstantial evidence, from a fall of 25 stories down an improperly safeguarded elevator shaft during construction of the World Trade Center. We find that the path through the construction was necessarily one requiring traversal by the decedent in the course of access to and departure from his work and was therefore at the scene of employment...

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