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MATTER OF BORETSKY

518376.

121 A.D.3d 1486 (2014)

994 N.Y.S.2d 462

2014 NY Slip Op 07414

In the Matter of the Claim of GARY I. BORETSKY, Respondent. NEW YORK CITY TRANSIT AUTHORITY, Appellant; COMMISSIONER OF LABOR, Respondent.

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

Decided October 30, 2014.

Claimant, a train operator for the employer, stopped his train short of a subway station when he observed a fire on the track ahead. Relying on the train's "door enabler" — which allowed claimant to prevent the doors from opening — claimant did not instruct the train conductor to keep the doors closed as required. However, the door enabler was inoperable and the conductor opened the doors, which were immediately...

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