O'BRIEN v. PORT AUTH.

No. 27.

29 N.Y.3d 27 (2017)

74 N.E.3d 307

52 N.Y.S.3d 68

2017 NY Slip Op 02466

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

Court of Appeals of New York.

Decided March 30, 2017.


Attorney(s) appearing for the Case

Shaub, Ahmuty, Citrin & Spratt LLP, Lake Success ( Christopher Simone , Robert M. Ortiz and Gerard S. Rath of counsel), and Fabiani Cohen & Hall, LLP, for appellants.

The Perecman Firm, P.L.L.C., New York City ( David H. Perecman and Peter D. Rigelhaupt of counsel), for respondent.

Judges ABDUS-SALAAM, STEIN and GARCIA concur; Judge RIVERA dissents in an opinion in which Judges FAHEY and WILSON concur.


OPINION OF THE COURT

The issue on appeal is whether the Appellate Division properly determined that plaintiff Thomas O'Brien was entitled to summary judgment on liability on his Labor Law § 240 (1) cause of action. We conclude that there are triable issues of fact and...

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