Case Summary : Charles McCoy v. Metropolitan Transportation Authority, 75A.D.3d 428, 904 N.Y.S.2d 50 (1st Dept. 2010) (July 1, 2010)

Summary: Charles McCoy v. Metropolitan Transportation Authority, 75A.D.3d 428, 904 N.Y.S.2d 50 (1st Dept. 2010) (July 1, 2010). The court on this appeal held that the trial court correctly held that the equipment that injured the plaintiff was a “mobile crane” within the applicable Industrial Code regulation.

Practice Note: The plaintiff and defendant both presented expert testimony on the issue whether the equipment was a mobile crane.