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SPAGNUOLO v. PORT AUTHORITY OF NEW YORK AND NEW JERSEY

8 A.D.3d 64 (2004)

778 N.Y.S.2d 23

AMERICO SPAGNUOLO, Respondent, v. PORT AUTHORITY OF NEW YORK AND NEW JERSEY, Appellant, and BOVIS LEND LEASE, INC., Respondent, et al., Defendant.

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

June 8, 2004.

Plaintiff was employed by a subcontractor hired to assist in the recovery and cleanup efforts at the World Trade Center site following the September 11 terrorist attack in 2001. During this operation, a 600-pound tank of liquid oxygen, used by iron workers to burn steel, fell on his leg from an unstable surface of debris and rubble. Plaintiff alleged that the Port Authority, as fee owner of the site, was liable under various sections of the Labor Law.

The Port Authority...

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