MORRIS v. CITY OF NEW YORK

5553, 14026/06

87 A.D.3d 918 (2011)

929 N.Y.S.2d 585

2011 NY Slip Op 6534

OMRIE MORRIS et al., Respondents, v. CITY OF NEW YORK, Appellant.

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

Decided September 22, 2011.


Plaintiff Omrie Morris was injured when a temporary wooden step on which he was standing shifted as he and another employee were moving an air tank up a concrete stairway from the basement of the work site to the first floor. There is an issue of fact as to whether the temporary step had been placed at the bottom of the concrete stairway to aid employees in ascending the stairway to different levels of the site, and thus constituted a device to protect employees against elevation...

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