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SFERRAZZA v. PORT AUTHORITY OF NEW YORK AND NEW JERSEY

8 A.D.3d 53 (2004)

777 N.Y.S.2d 645

SALVATORE SFERRAZZA, Respondent, v. PORT AUTHORITY OF NEW YORK AND NEW JERSEY, Appellant, and AMEC CONSTRUCTION MANAGEMENT, INC., Respondent.

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

June 8, 2004.

Plaintiff was engaged in recovery and cleanup efforts at the World Trade Center site following September 11, 2001, when he allegedly slipped on a defective ladder. The Port Authority's motion was granted with respect to claims for common-law negligence and under Labor Law § 241 (6). As to the surviving claim, the Port Authority argues that it was not the owner of the property within the meaning of the statute, inasmuch as the City had taken over possession and control...

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