Jimenez v. Metropolitan Transportation Authority

Order, Supreme Court, New York County (Michael D. Stall-man, J.), entered July 2, 2013, which denied plaintiffs motion for summary judgment on the issue of liability on his Labor Law §§ 240 (1) and 241 (6) claims without prejudice to renew after discovery is completed, unanimously modified, on the law, to grant plaintiffs motion as to liability on his Labor Law § 240 (1) claim, and otherwise affirmed, without costs.

Plaintiff testified at his 50-h hearing that while working as a driller in a shaft at the 50th Street ventilation facility for the Long Island Railroad extension construction…