A New York appellate court revived part of a Labor Law claim against various defendants for a worker’s injuries from a fall into an elevator pit.
Case: Devita v NYY Steak Manhattan LLC, No. 158327/13, 03/14/2023, published.
Facts: Kevin McGonigal was injured when he tripped on a piece of wood in an allegedly poorly lit passageway and fell into an elevator pit that he described as between 2 and 3 feet deep.
The pit was covered by planking and plywood after it was poured, but at some point the cover was removed and some of the trades on-site stored materials and equipment in ...
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