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LOPIPERO v. MTA LONG ISLAND RAIL ROAD

2017-01137. Index No. 4415/11.

178 A.D.3d 813 (2019)

111 N.Y.S.3d 902

2019 NY Slip Op 08841

Patrick Lopipero, Respondent, v. MTA Long Island Rail Road, Appellant.

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

Decided December 11, 2019.

Attorney(s) appearing for the Case

Mark D. Hoffer , Jamaica, NY ( Thomas L. Chiofolo of counsel), for appellant.

Levine and Wiss, PLLC, West Hempstead, NY ( Anthony Ferrante and Mitchell Dranow of counsel), for respondent.

Scheinkman, P.J., Austin, Roman and Connolly, JJ., concur.

Ordered that the order is reversed, on the law, with costs, and those branches of the plaintiff's motion which were for summary judgment on the issue of liability on the causes of action alleging violations of Labor Law §§ 240(1) and 241(6) are denied.

The plaintiff was employed by nonparty Ecology Sanitation (hereinafter Ecology), a company engaged in, among other things, the business of removing discarded railroad...

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