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ABRAMS v. PORT AUTHORITY TRANSHUDSON CORPORATION

39 A.D.3d 350 (2007)

832 N.Y.S.2d 435

SHERMAN ABRAMS, Appellant, v. PORT AUTHORITY TRANSHUDSON CORPORATION, Respondent.

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

Decided April 17, 2007.

Plaintiff's moving papers fail to make a prima facie showing that he was not comparatively negligent (see McCabe v CSX Transp., Inc., 27 A.D.3d 1150 [2006]). Deposition testimony tends to show that plaintiff knowingly stood near a coworker, idly and at times inattentive, while the coworker was in the process of moving awkward, 10-to-12-foot-long hoses, a job that plaintiff had been instructed to assist the coworker with. Plaintiff...

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