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AVILES v. PORT AUTH.

202 A.D.2d 45 (1994)

Jose Aviles et al., Respondents, v. Port Authority of New York and New Jersey, Appellant

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

August 18, 1994

Attorney(s) appearing for the Case

Robert P. Pagano of counsel, New York City (Blaze D. Waleski on the brief; Wilson, Elser, Moskowitz, Edelman & Dicker, attorneys), for appellant.

Arthur N. Hyman of counsel, New York City (Nason & Cohen, P. C., attorneys), for respondents.

ROSS and NARDELLI, JJ., concur with WALLACH, J.; CARRO, J. P., and RUBIN, J., dissent in a separate opinion by RUBIN, J.

WALLACH, J.

Plaintiff Jose Aviles, a New York domiciliary, allegedly sustained personal injury when he fell from a ladder while working at Newark International Airport, which is operated by defendant, a bistate agency. New York's "scaffolding law" (Labor Law § 240) imposes strict or "absolute" liability for negligence causing injury on an elevated worksite surface (Zimmer v Chemung County Performing Arts...

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