Thomas J. O'Brien v. Port Authority of New York and New Jersey
New York Court of Appeals
1Opinion of the Court
OPINION OF THE COURT
Chief Judge DiFiore.
The issue on appeal is whether the Appellate Division properly determined that plaintiff Thomas O’Brien was entitled to summary judgment on liability on his Labor Law § 240 (1) *30cause of action. We conclude that there are triable issues of fact and that, therefore, summary judgment should have been denied.
Plaintiff was an employee of DCM Erectors (DCM), a subcontractor at the 1 World Trade Center construction site. Defendant Port Authority of New York and New Jersey was the owner of the premises and defendant Tishman Construction Corporation of New York…
2Cases cited8 opinions
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- Zimmer v. Chemung County Performing Arts, Inc.New York Court of Appeals · 1985
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- Narducci v. Manhasset Bay AssociatesNew York Court of Appeals · 2001
- Runner v. New York Stock Exchange, Inc.New York Court of Appeals · 2009
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