ORNER v. PORT AUTHORITY OF NEW YORK AND NEW JERSEY


293 A.D.2d 517 (2002)

740 N.Y.S.2d 414

DAVID ORNER, Appellant, v. PORT AUTHORITY OF NEW YORK AND NEW JERSEY, Defendant, and MORSE DIESEL INTERNATIONAL, INC., et al., Respondents.

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

Decided April 8, 2002.


Ordered that the order is reversed insofar as appealed from, with costs, the claims pursuant to Labor Law § 240 (1) are reinstated insofar as asserted against the respondents, and the branch of the plaintiff's motion which was for summary judgment on those claims is granted.

The plaintiff, an electrician, was injured while working on the ground floor of a construction project when he was hit upon the head and neck by unsecured roofing material that had fallen...

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