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TOUSSAINT v. PORT AUTH OF NY

No. 16.

38 N.Y.3d 89 (2022)

188 N.E.3d 571

168 N.Y.S.3d 379

2022 NY Slip Op 01955

CURBY TOUSSAINT, Respondent, v. PORT AUTHORITY OF NEW YORK AND NEW JERSEY, Appellant, et al., Defendants.

Court of Appeals of New York.

reargued February 10, 2022.

Decided March 22, 2022.

Attorney(s) appearing for the Case

Segal McCambridge Singer & Mahoney, LTD., New York City ( Christian H. Gannon and Andrew W. Dean of counsel), for appellant.

Sullivan Papain Block McGrath Coffinas & Cannavo P.C., New York City ( Brian J. Shoot of counsel), and Law Office of Clifford J. Stern , New York City, for respondent.

OPINION OF THE COURT

We are once again called upon to determine whether a provision of the Industrial Code, in this case 12 NYCRR 23-9.9(a), sets forth a concrete specification sufficient to give rise to a nondelegable duty under Labor Law § 241(6) (see Ross v Curtis-Palmer...

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