Marks v. New York City Transit Authority

I concur in reversal of the judgment in favor of plaintiff, but dissent insofar as the court would grant plaintiff a new trial. I vote to dismiss the complaint, and consequently also to dismiss the third-party complaint.

The plaintiff did not establish a case either under the provisions of section 200 or section 240 of the Labor Law, nor on the theory of common-law negligence.

The trial court concluded that there was no basis here for the submission of this case to the jury on theory of negligence in violation by defendant New York City Transit Authority of section 200 of the Labor Law; and it…