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McCOY v. METROPOLITAN TRANSPORTATION AUTHORITY

53 A.D.3d 457 (2008)

863 N.Y.S.2d 8

CHARLES McCOY, Respondent, et al., Plaintiff, v. METROPOLITAN TRANSPORTATION AUTHORITY et al., Appellants, et al., Defendants.

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

Decided July 29, 2008.

On the prior appeal, this Court allowed plaintiffs to amend their bill of particulars to allege violations of Industrial Code (12 NYCRR) § 23-8.1 (f) (1) (iv) and (2) (i) and § 23-8.2 (c) (3), on the ground that such provisions "could provide a predicate for liability under Labor Law § 241 (6)" in that the horizontal movement of the raised load constituted "hoisting" (38 A.D.3d 308, 310 [2007]). This holding was not, however...

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