Practice point: For purposes of § 240(1) liability, an airplane is a structure.
Practitioners should note that the City may be liable as fee owner, even though it leased the premises to the Port Authority, which in turn leased the premises to an airline.
Case: Wong v. City of New York, NY Slip Op 06395 (2d Dept. 2009)
The opinion is here.
Tomorrow’s issue: Vehicle and Traffic Law.
