Seiger v. Port of New York Authority

In this case the plaintiff was not working above the planking but was actually kneeling on the planking, doing his work, when a heavy plank fell from above, striking the plank on which he was working, breaking it and catapulting him three stories below. The case of Gorman v. Grand Cent. Bldg. (29 A D 2d 849, affd. 22 N Y 2d 821) which is relied upon by our dissenting colleague, involved an injured person who, at the time of the accident, was working above the planking, not upon it. Accordingly, it was held that there was planking beneath him, less than one story below, in compliance with…