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VOLPICELLI v. NEW YORK CITY TRANSIT AUTHORITY

309 A.D.2d 858 (2003)

766 N.Y.S.2d 71

VITO VOLPICELLI, Respondent, v. NEW YORK CITY TRANSIT AUTHORITY et al., Appellants, et al., Defendant.

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

Decided October 20, 2003.

Ordered that the order dated May 21, 2002, is reversed insofar as appealed from, on the law, with costs, and, upon renewal, that branch of the motion which was for summary judgment dismissing the plaintiff's cause of action pursuant to Labor Law § 240 (1) is granted, and so much of the order dated April 18, 2001, as denied that branch of the motion is vacated.

The plaintiff was injured when his hand was drawn into a

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