denying defendant Long Island Railroad's motion to dismiss Labor Law § 241 claim arising out of injuries suffered by worker building a subway line on the ground that it was not an owner under the statute since it granted an casement in favor of the City of New York and the New York City Transit AuthoritySummary of this case from Dawson v. PJ Venture II LLC
Argued May 31, 1983
Decided June 28, 1983
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, ANTHONY T. JORDAN, J.
Thomas M. Taranto and Edward G. Lukoski for appellant.
Cheryl R. Eisberg and Pamela Anagnos Liapakis for Milton I. Celestine and another, respondents.
Steve S. Efron, Richard K. Bernard and John A. Murray for New York City Transit Authority, respondent.
Robert L. Boydstun for Lima, Division of Clark Equipment Company, respondent.
Order affirmed, with costs, and question certified answered in the affirmative for reasons stated in the memorandum at the Appellate Division ( 86 A.D.2d 592).
Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER and Simons.