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

Docket No. 28531/17. Appeal No. 14128. Case No. 2020-02696.

195 A.D.3d 554 (2021)

146 N.Y.S.3d 473

2021 NY Slip Op 04087

Michael McVicker, Appellant-Respondent, v. Port Authority of New York and New Jersey et al., Respondents-Appellants.

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

Decided June 24, 2021.


Attorney(s) appearing for the Case

Sacks and Sacks L.L.P., New York ( Scott N. Singer of counsel), for appellant-respondent.

Fabiani Cohen & Hall, LLP, New York ( Allison A. Snyder of counsel), for respondents-appellants.

Concur—Gische, J.P., Webber, Oing, González, JJ.


The record demonstrates conclusively that Labor Law § 240(1) was violated and that the violation was the proximate cause of plaintiff's injuries. Upon completing the assembly of a cylindrical rebar column weighing approximately 1,000 pounds, plaintiff's fellow ironworkers pushed the column down a ramp from its resting position atop two sawhorses to the ground below. Plaintiff was struck by the heavy rolling column when he inadvertently walked into its path. The evidence...

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