Thomas J. O’Brien, Jr., Respondent v. Port Authority of New York and New Jersey, Appellants, Defendants

Summary

The New York Court of Appeals held that the plaintiff was not entitled to summary judgment on liability under Labor Law § 240(1) because genuine issues of fact existed regarding the adequacy of the temporary staircase safety device. The Court emphasized that liability under the statute requires a hazardous condition and an inadequate safety device, and that conflicting expert testimony created a triable factual dispute. A dissent argued that the plaintiff should have received summary judgment, contending the majority misinterpreted the statutory mandate.