O'BRIEN v. PORT AUTHORITY OF NEW YORK AND NEW JERSEY

Nos. 13616, 114853/10.

131 A.D.3d 823 (2015)

16 N.Y.S.3d 533

2015 NY Slip Op 06749

THOMAS J. O'BRIEN, JR., Appellant, v. PORT AUTHORITY OF NEW YORK AND NEW JERSEY et al., Respondents, et al., Defendants.

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

Decided September 8, 2015.


Plaintiff was working as an operating engineer at the World Trade Center Freedom Tower construction site, responsible for maintaining the welding machines on site. He slipped and fell down a steel staircase while he was attempting to walk down to the supply shanty.

Plaintiff is entitled to partial summary judgment on his Labor Law § 240 (1) claim. As the dissent recognizes, plaintiff was engaged in a covered activity at the time he slipped and fell down the stairs...

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