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McCOY v. METROPOLITAN TRANSP. AUTH.

3041.

2008 NY Slip Op 06428

CHARLES McCOY, Plaintiff-Respondent, MARY ANN McCOY, Plaintiff, v. METROPOLITAN TRANSPORTATION AUTHORITY, ET AL., Defendants-Appellants, MANHATTAN and BRONX SURFACE TRANSIT OPERATING AUTHORITY, ET AL., Defendants.

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

Decided July 29, 2008.

Attorney(s) appearing for the Case

Shaub, Ahmuty, Citrin & Spratt, LLP, Lake Success (Christopher Simone of counsel), for appellants.

Quirk & Bakalor, P.C., New York (Timothy J. Keane of counsel), for respondent.

Before: Mazzarelli, J.P., Saxe, Friedman, Nardelli, Williams, JJ.

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, a...

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