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TOUSSAINT v. PORT AUTH NY & NJ

155016/15, 8206.

174 A.D.3d 42 (2019)

102 N.Y.S.3d 558

2019 NY Slip Op 04302

CURBY TOUSSAINT, Respondent-Appellant, v. PORT AUTHORITY OF NEW YORK AND NEW JERSEY, Appellant, and GRANITE CONSTRUCTION NORTHEAST, INC., Respondent, et al., Defendants.

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

Decided May 30, 2019.

Attorney(s) appearing for the Case

Segal McCambridge Singer & Mahoney, Ltd., New York City ( Janine J. Wong and Simon Lee of counsel), for appellant-respondent and respondent.

Sullivan Papain Block McGrath & Cannavo, New York City ( Brian J. Shoot of counsel), for respondent-appellant.

SWEENY, J.P., and WEBBER, JJ., concur with SINGH, J.; TOM, J., dissents in an opinion in which KAHN, J., concurs.

OPINION OF THE COURT

We are asked in this appeal to decide whether the requirement in the Industrial Code that a "designated person" operate a power buggy is sufficiently specific to support a claim under Labor Law § 241(6). We find that the requirement is specific and, upon a search of the record, grant plaintiff summary...

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