DERIX v. PORT AUTH. OF N.Y. & N.J.

6905, 158601/14.

162 A.D.3d 522 (2018)

79 N.Y.S.3d 146

2018 NY Slip Op 04507

Wilhelm Derix, Respondent, v. Port Authority of New York & New Jersey et al., Defendants, and Allied Barton Security Services LLC, Appellant.

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

Decided June 19, 2018.


Plaintiff established prima facie that defendant created or had notice of the dangerous condition on which he tripped and fell through his own testimony, the testimony of an employee eyewitness and a nonparty eyewitness, and defendant's own internal reports and incident reviews showing that plaintiff tripped and fell on a yellow plastic chain lying on the ground that defendant controlled but had left unattended (see Uhlich v Canada Dry Bottling Co. of N.Y.,

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