MITCHELL v. NEW YORK UNIVERSITY


12 A.D.3d 200 (2004)

784 N.Y.S.2d 104

CHRISTOPHER MITCHELL, Respondent-Appellant, v. NEW YORK UNIVERSITY, Respondent, and PLAZA CONSTRUCTION CORP., Appellant-Respondent. (And a Third-Party Action.)

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

November 9, 2004.


Plaintiff was standing on a pallet at the bottom of a muddy excavation pit, attempting to move a heavy pipe as directed by his foreman. According to plaintiff, the muddy condition was a result of water emanating from a machine used by his employer, the excavation subcontractor. As plaintiff raised the pipe above his head to move it to higher ground, the pallet allegedly shifted in the mud, and he dropped it on his shoulder.

Since the injury arose out of the methods...

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