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ANTHONY v. CONSOL. RAIL CORP.

161 Misc.2d 717 (1994)

615 N.Y.S.2d 557

David Anthony et al., Plaintiffs, v. Consolidated Rail Corporation, Defendant and Third-Party Plaintiff. Richards "of Course", Third-Party Defendant.

Supreme Court, Oswego County.

April 5, 1994

Attorney(s) appearing for the Case

Setright, Ciabotti & Longstreet, Syracuse, for plaintiffs. Hiscock & Barclay, Syracuse, for defendant and third-party plaintiff. Michael G. Donnelly, Syracuse, for third-party defendant.

LEO F. HAYES, J.

The sole issue before this court is whether defendant, Consolidated Rail Corporation, may be held liable as an owner within the meaning of Labor Law § 240. By stipulation of counsel the action was bifurcated, and the issue of liability was tried by the court. After trial, the court made the following findings:

(1) Defendant, Conrail, was the owner of a right-of-way that generally...

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