FITZGERALD v. MARRIOTT INTERNATIONAL, INC.

5178. 153776/14.

156 A.D.3d 458 (2017)

64 N.Y.S.3d 883

2017 NY Slip Op 08631

DAVID FITZGERALD et al., Appellants, v. MARRIOTT INTERNATIONAL, INC., et al., Respondents.

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

Decided December 12, 2017.


Plaintiff David Fitzgerald injured his knee when, during the course of his employment as a steamfitter, he slipped and fell on a piece of mud-covered insulation while walking down a wooden ramp. At the time, he was working the night shift to monitor the heating fans and pipes, and to ensure that there were no problems with the work that his company had performed earlier that day.

Plaintiff's testimony established that he was engaged in construction work for Labor...

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