KEANE v. CHELSEA PIERS, L.P.

2457, 104746/05

71 A.D.3d 593 (2010)

899 N.Y.S.2d 153

PATRICK KEANE, Appellant, v. CHELSEA PIERS, L.P., et al., Respondents.

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

Decided March 30, 2010.


Plaintiff was injured while working under a pier when the action of waves caused the floating stage on which he was kneeling to drop while plaintiff was sawing a board. This drop caused the board to fall on top of him. Given that the swing in elevation of the stage due to tides and waves was understood by all as a risk of this particular construction site, and the accident could not have occurred without the differential in elevation between the plaintiff (in the wave's trough...

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