Clan v. Farrell Lines Inc.

Order of the Supreme Court, New York *654County (Leonard N. Cohen, J.), entered October 25,1982, which denied defendant-appellant’s motion for summary judgment dismissing the complaint, is reversed, on the law, without costs, and summary judgment dismissing the complaint is granted to the defendant.

Plaintiff was an employee of defendant Farrell Lines. In 1978, while aboard ship, performing his daily maintenance chores (part of his general duties), plaintiff fell. Plaintiff testified at his EBT that he was cleaning the overhead bulkhead in a clean, dry, internal stairwell, which required that he…