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CASTILLO-MORAN v. PORT AUTH. OF N.Y. & N.J.

9438, 300561/15.

172 A.D.3d 613 (2019)

98 N.Y.S.3d 839

2019 NY Slip Op 04105

Raymer Castillo-Moran, Respondent, v. Port Authority of New York & New Jersey et al., Defendants, and American Airlines, Inc., Appellant.

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

Decided May 28, 2019.

The court correctly denied American's motion for summary judgment, as the movant failed to demonstrate, as a matter of law, the absence of any material issue of fact (see Zuckerman v City of New York, 49 N.Y.2d 557, 562-563 [1980]). The record does not permit resolution of whether it was foreseeable that an airport worker such as plaintiff would exit his vehicle to walk to another vehicle in the restricted "safety area" where plaintiff...

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