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McCOY v. METROPOLITAN TRANSPORTATION AUTHORITY

38 A.D.3d 308 (2007)

832 N.Y.S.2d 26

CHARLES McCOY et al., Appellants, v. METROPOLITAN TRANSPORTATION AUTHORITY et al., Respondents.

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

Decided March 15, 2007.

The motion court correctly dismissed the claims against defendants Metropolitan Transportation Authority and Metro North Commuter Railroad for common-law negligence and under Labor Law § 200, in view of the absence of evidence that their representatives exercised any supervisory control over the work in question (see O'Sullivan v IDI Constr. Co., Inc., 7 N.Y.3d 805 [2006], affg 28 A.D.3d 225

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