HINTON v. CITY OF NEW YORK

2686, 14126/07

73 A.D.3d 407 (2010)

901 N.Y.S.2d 21

PORTIA A. HINTON, Respondent, v. CITY OF NEW YORK et al., Appellants, et al., Defendant. (And a Third-Party Action.)

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

Decided May 4, 2010.


Defendants made a prima facie showing that they were under no duty of care requiring installation of a guardrail or other safety measures designed to prevent a fall like this, by submitting their employees' deposition testimony that no prior accidents like this had occurred, and an expert's affidavit that neither the then-applicable New York City Building Code nor OSHA regulations required that guardrails be erected at the loading...

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