LUONGO v. CITY OF NEW YORK

2131, 6969/04

72 A.D.3d 609 (2010)

899 N.Y.S.2d 235

BRIAN LUONGO, Respondent, v. CITY OF NEW YORK, Appellant.

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

Decided April 29, 2010.


Plaintiff was injured while bracing a hydraulic jack that was being used to lift a steel girder beneath an elevated subway line. He braced the base of the jack because it kept falling over, partly, according to plaintiff, because of the uneven surface and because the girder was simply too heavy for the type of jack that was being used. In order to give the jack more height, steel shim plates were placed on top of it as "spacers." Plaintiff held the spacers by hand because...

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