ANDRADE v. TRIBOROUGH BRIDGE & TUNNEL AUTHORITY


51 A.D.3d 517 (2008)

857 N.Y.S.2d 563

ARLINDO ANDRADE, Appellant, v. TRIBOROUGH BRIDGE & TUNNEL AUTHORITY, Doing Business as MTA BRIDGES & TUNNELS, et al., Respondents, et al., Defendant. (And Other Actions.)

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

Decided May 15, 2008.


There is no dispute that at the time of the accident plaintiff had completed his work of painting the archway of a bridge, and that the proper safety devices necessary to complete that work had been provided and did not fail to work. Thus, the hazard posed by the hole in the sidewalk of the bridge into which plaintiff fell while exiting the bridge was unrelated to the risk that brought about the need for the safety devices in the first place. Accordingly, there is no section...

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