KARANDISECKY v. CITY OF NEW YORK

Index No. 310180/11E. Appeal No. 14840. Case No. 2019-05397.

200 A.D.3d 520 (2021)

155 N.Y.S.3d 324

2021 NY Slip Op 06950

John Karandisecky, Appellant, v. City of New York et al., Respondents.

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

Decided December 14, 2021.


Attorney(s) appearing for the Case

Law Office of Ephrem J. Wertenteil, New York ( Ephrem J. Wertenteil of counsel), for appellant.

Cozen O'Connor, New York ( Eric J. Berger of counsel), for respondents.

Concur—Kern, J.P., Kennedy, Scarpulla, Mendez, Shulman, JJ.


Plaintiff, a subcontractor's foreman, testified that he was attempting to unlock the door of the office trailer at 6:30 a.m. to review construction documents kept therein and to prepare the trailer for the day's employee meeting when he slipped and fell on the staircase landing-platform just outside the trailer door. Photographic exhibits reflect snow and ice on the narrow staircase. This evidence presents issues of fact as to whether plaintiff was engaged in a construction...

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