BAEZ v. BARNARD COLLEGE

2258, 23080/01

71 A.D.3d 585 (2010)

898 N.Y.S.2d 29

OSVALDO BAEZ, Respondent, v. BARNARD COLLEGE, Appellant.

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

Decided March 30, 2010.


Plaintiff, a cook in a restaurant operated by defendant's lessee, Tealuxe, fell through a trapdoor in the floor behind the service counter that had been left open by a coemployee. He testified that the trapdoor was used constantly by employees for access to the basement, where supplies and kitchen facilities were located, and that when the trapdoor was open, there was only a foot-long margin on either side, which employees had to "tippy toe" around. Plaintiff himself had...

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