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LATTERI v. PORT OF AUTH. OF N.Y. & N.J.

Index No. 33226/18E. Appeal No. 15973. Case No. 2021-03756.

205 A.D.3d 546 (2022)

166 N.Y.S.3d 529

2022 NY Slip Op 03324

William Latteri, Respondent, v. Port of Authority of New York and New Jersey, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 19, 2022.

Attorney(s) appearing for the Case

McGivney Kluger Clark & Intoccia, P.C., New York (Mindy Kallus of counsel), for appellant.

Michael H. Zhu, PC, New York (Michael H. Zhu of counsel), for respondent.

Concur— Manzanet-Daniels, J.P., Gische, Kern, Friedman, Shulman, JJ.

Plaintiff mechanical technician used an enclosed crawl space ramp located beneath an AirTrain station escalator to reach an upper area of the escalator that needed repair. After plaintiff diagnosed the problem and walked back down the 15-foot underside ramp, which paralleled the slope of the escalator steps above, he slipped, and to avoid a fall from a height, grabbed an overhead metal truss, which act caused injury to his shoulder. The internal ramp lacked siderails for...

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