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McCULLOUGH v. ONE BRYANT PARK

Index No. 113802/09. Appeal No. 12599. Case No. 2019-4943.

189 A.D.3d 683 (2020)

139 N.Y.S.3d 50

2020 NY Slip Op 08003

Robert McCullough, Respondent, v. One Bryant Park et al., Appellants, and Component Assembly Systems, Inc., Respondent.

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

Decided December 29, 2020.

Attorney(s) appearing for the Case

Mauro Lilling Naparty, LLP, Woodbury ( Anthony F. DeStefano , of counsel), for appellants.

Sacks & Sacks, LLP, New York ( Scott N. Singer of counsel), for Robert McCullough, respondent.

Conway, Farrell, Curtin & Kelly, P.C., New York ( Darrell John of counsel), for Component Assembly Systems, Inc., respondent.

Concur—Friedman, J.P., Kapnick, Webber, Kern, Singh, JJ.

This action arises from a workplace injury that occurred when plaintiff tripped over an uncovered passageway at a building under construction. Owner OBP and construction manager Tishman were found liable for negligence under Labor Law § 200 and Labor Law § 241(6). Component was also found to have been negligent.

The jury's apportionment of responsibility was not against the weight of the evidence and should not be altered (see Lolik v Big V Supermarkets...

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