HOULIHAN v. MORRISON KNUDSEN CORPORATION


2 A.D.3d 493 (2003)

768 N.Y.S.2d 495

JOHN HOULIHAN, Appellant, v. MORRISON KNUDSEN CORPORATION, Respondent.

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

December 8, 2003.


Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff, a subway conductor employed by the New York City Transit Authority (hereinafter the TA), was injured on the job when he lost his balance on a moving subway train and his hand went through an open window in the conductor's booth, striking a stationary object in the tunnel. The plaintiff commenced this action against the defendant, the manufacturer of the window, asserting, inter...

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