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McCOY v. METRO. TRANSP. AUTH.

102384/2000

26 Misc.3d 286 (2009)

887 N.Y.S.2d 465

2009 NY Slip Op 29405

CHARLES McCoy et al., Plaintiffs, v. METROPOLITAN TRANSPORTATION AUTHORITY et al., Defendants.

Supreme Court, New York County.

Decided September 16, 2009.

Attorney(s) appearing for the Case

Calano & Culhane, LLP, for Charles McCoy, plaintiff.

Lester Schwab Katz & Dwyer (Darrell J. Whiteley of counsel), for defendant.

OPINION OF THE COURT

HAROLD B. BEELER, J.

This is a decision after a framed-issue hearing held to determine whether as a matter of law a particular piece of construction equipment, the Gradall Material Handler Model 534B, is a "mobile crane" subject to the mobile crane regulations of the New York State Industrial Code, that is "Special Provisions for Mobile Cranes" (12 NYCRR 23-8.2), or a "forklift" subject only...

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