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ROBINSON v. CITY OF NEW YORK

211 A.D.2d 600 (1995)

622 N.Y.S.2d 28

Lawrence Robinson, Appellant, v. City of New York, Respondent and Third-Party Plaintiff-Respondent. New York City Transit Authority, Third-Party Defendant-Respondent

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

January 31, 1995

Plaintiff, an employee of third-party defendant New York City Transit Authority (NYCTA), was injured while replacing a rail on the subway tracks, and instituted this action against the City of New York pursuant to Labor Law § 241 (6). The City then sought indemnification from the NYCTA.

We agree with the Supreme Court that the City was not an "owner" of the accident site within the meaning of the statute, since pursuant to its lease with the NYCTA, the City had...

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