WALLER v. SITE SAFETY LLC


28 A.D.3d 236 (2006)

813 N.Y.S.2d 379

DEBRAH WALLER, Appellant, v. SITE SAFETY LLC et al., Respondents. (And Other Actions.)

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

April 6, 2006.


Plaintiff allegedly sustained injury when she tripped and fell over a piece of wood protruding from a barricade used in the construction of a temporary pedestrian walkway at a construction site. However, photographs of the accident location taken shortly after plaintiff's fall do not show the alleged hazard and, in any event, defendants established that they had neither actual nor constructive notice of any such hazard (see Gordon v. American Museum of Natural History...

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