Walker v. Trustees of the Univ. of Penn

Full title: JAMES J. WALKER et al., Plaintiffs, v. TRUSTEES OF THE UNIVERSITY OF…

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

Date published: Oct 30, 1997

243 A.D.2d 425 (N.Y. App. Div. 1997)

665 N.Y.S.2d 255

Opinion

October 30, 1997

Appeal from Supreme Court, New York County (Paula Omansky, J.).

The record does not establish appellants' freedom from negligence as a matter of law, there being unresolved issues of fact as to the extent to which they exercised supervision over the worksite, whether they had notice of any unsafe conditions, and what, if anything, they did to correct them.

Concur — Sullivan, J.P., Milonas, Wallach, Williams and Colabella, JJ.