WALLIN v. CITY OF NEW YORK


232 A.D.2d 548 (1996)

649 N.Y.S.2d 159

Robert Wallin et al., Appellants, v. City of New York, Respondent

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

October 21, 1996


Ordered that the order is reversed insofar as appealed from, on the law, with costs, the defendant's cross motion for summary judgment dismissing the complaint is denied, and the complaint is reinstated.

There is no merit to the contention of the defendant City of New York (hereinafter the City) that it was not the "owner" of the subway system within the meaning of Labor Law § 240 because it leased the subway system...

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