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MOORE v. METRO NORTH COMMUTER R.R.

233 A.D.2d 192 (1996)

650 N.Y.S.2d 5

William Moore et al., Respondents, v. Metro North Commuter Railroad et al., Appellants

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

November 19, 1996

Plaintiff's accident, which occurred when his arm was caught between the ceiling of the work site and the top of the aerial basket in which he was working, allegedly because of inadequate and malfunctioning controls, did not involve a fall, or a falling object, and thus the cause of action under Labor Law § 240 (1) should be dismissed (see, Ross v Curtis-Palmer Hydro-Elec. Co., 81 N.Y.2d 494, 500-501). The cause of action...

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