RAY v. CITY OF NEW YORK


62 A.D.3d 591 (2009)

880 N.Y.S.2d 37

DERRICK RAY et al., Respondents-Appellants, v. CITY OF NEW YORK et al., Appellants-Respondents. (And a Third-Party Action.)

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

Decided May 26, 2009.


Plaintiff Derrick Ray was injured when he was struck by an 8,000-pound steel beam approximately 60 feet long and two to three feet thick as it was being lowered into place atop two 25-foot-high steel towers. Various witnesses testified that the beam came toward plaintiff at an angle and was moving up and down as well as side to side. The undisputed testimony was that the tag line men on plaintiff's side of the beam could not control the swing of the beam. The crane operator...

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