Clancy v. Port of New York Authority

Judgment, Supreme Court, New York County, entered January 8, 1976, unanimously modified, on the law, to strike therefrom that portion based on the decedent’s claimed conscious pain and suffering, and otherwise affirmed, without costs and without disbursements. The tragic death of plaintiff-respondent’s decedent resulted, according to unassailable circumstantial evidence, from a fall of 25 stories down an improperly safeguarded elevator shaft during construction of the World Trade Center. We find that the path through the construction was necessarily one requiring traversal by the decedent in…