DiBenedetto v. Port Authority of New York and New Jersey
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Supreme Court, New York County (Alice Schlesinger, J.), entered September 12, 2000, which, inter alia, granted defendants’ motions for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Plaintiffs common-law negligence claim was properly dismissed since there was no evidence that defendants had actual or constructive notice of a defective or dangerous condition that caused his fall from the fender of a crane (see, Gordon v American Museum of Natural History, 67 NY2d 836, 838).
Although we agree with plaintiff that he was not merely a volunteer but an employee…
2Cases cited13 opinions
- Gordon v. American Museum of Natural HistoryNew York Court of Appeals · 1986
- Rocovich v. Consolidated Edison Co.New York Court of Appeals · 1991
- Comes v. New York State Electric & Gas Corp.New York Court of Appeals · 1993
- Weininger v. Hagedorn & Co.New York Court of Appeals · 1998
- Mordkofsky v. V.C.V. Development Corp.New York Court of Appeals · 1990
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