Reavely v. Yonkers Raceway Programs, Inc.

Tom, J.P., and DeGrasse, J.,

dissent in a memorandum by Tom, J.R, as follows: At his examination before trial, plaintiff Walter Reavely testified that he was working at the edge of a foundation concrete slab on which waterproofing material had been laid down using hot tar to adhere the sheets to the concrete. He was assigned the task of cutting and placing plywood boards to create a hang wall at the leading edge of the construction project’s foundation. When initially installed, the top edge of the plywood rose about 14 inches above the top of the footing of the concrete slab. Plaintiff then…