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WINTHER v. R.R. MAINT. CORP.

169 A.D.2d 591 (1991)

Charles Winther et al., Respondents-Appellants, v. Railroad Maintenance Corporation, Appellant-Respondent and Third-Party Plaintiff-Appellant. New York City Transit Authority, Third-Party Defendant-Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

January 29, 1991

Plaintiff Charles Winther was injured on January 3, 1985 when, while working as a trackman for his employer, third-party defendant New York City Transit Authority, a subway rail being lifted by a crane, owned by defendant RMC, fell onto the plaintiff's leg.

Upon examination of the record, we conclude that the jury's finding that the crane operator was not a "special employee" of the Transit Authority was properly submitted...

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