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MEDINA v. CITY OF NEW YORK

5192, 24058/06

87 A.D.3d 907 (2011)

929 N.Y.S.2d 582

2011 NY Slip Op 6458

LUIS MEDINA, Appellant, v. CITY OF NEW YORK, Respondent.

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

Decided September 15, 2011.

Plaintiff, an inspector for the New York City Transit Authority (TA), was injured on September 17, 2005 while inspecting a subway rail. Plaintiff was standing on the track bed when a 12-foot section of the rail, unsecured and weakened by saw cuts, suddenly sprang upward and then fell, striking his leg. Plaintiff brought this action asserting claims pursuant to, inter alia, Labor Law § 240 (1) and § 241 (6).

During the liability portion of the bifurcated...

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