ALLEN v. NEW YORK CITY TRANSIT AUTHORITY


35 A.D.3d 231 (2006)

828 N.Y.S.2d 302

BENJAMIN ALLEN et al., Appellants, v. NEW YORK CITY TRANSIT AUTHORITY et al., Respondents.

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

Decided December 12, 2006.


The platform on which plaintiff, an electrician, was working had no gate, requiring that plaintiff climb over the four- or five-foot-high surrounding wooden railing in order to gain access to the eight-foot-high metal ladder that led down to the ground along the side of the truck that hydraulically lifted the platform. Plaintiff testified that just before the accident he had lowered the platform to get some materials from the ground, and, while he was climbing over the railing...

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