O'Sullivan v. IDI Construction Co.

Saxe and Malone, JJ., dissent in part in a memorandum by Saxe, J., as follows:

On October 14, 2000, while employed as a cement and concrete laborer at a multistory construction site at the corner of 51st Street and First Avenue in Manhattan, plaintiff Sean O’Sullivan was injured when he tripped over a two-to-three-inch-wide pipe sticking up from the floor to a height of two to three feet. Although he had noticed the presence of the pipe before, on this occasion he was carrying two three-by-four-inch wooden ribs, used to support concrete forms, and did not see the pipe.

The property was owned by…