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DIBENEDETTO v. PORT AUTHORITY OF NEW YORK AND NEW JERSEY

293 A.D.2d 399 (2002)

742 N.Y.S.2d 207

SALVATORE DIBENEDETTO et al., Appellants, v. PORT AUTHORITY OF NEW YORK AND NEW JERSEY et al., Respondents.

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

Decided April 25, 2002.

Plaintiff's common-law negligence claim was properly dismissed since there was no evidence that defendants had actual or constructive notice of a defective or dangerous condition that caused his fall from the fender of a crane (see, Gordon v American Museum of Natural History, 67 N.Y.2d 836, 838).

Although we agree with plaintiff that he was not merely a volunteer but an employee within the terms of the Labor Law (see...

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