Moore v. Metro North Commuter Railroad

Order, Supreme Court, New York County (Carol Arber, J.), entered on or about January 11, 1996, which denied defendants’ motion for summary judgment dismissing the complaint, unanimously modified, on the law, to the extent of dismissing plaintiffs’ claim under Labor Law § 240 (1), and otherwise affirmed, without costs.

Plaintiffs accident, which occurred when his arm was caught between the ceiling of the work site and the top of the aerial basket in which he was working, allegedly because of inadequate and malfunctioning controls, did not involve a fall, or a falling object, and thus the cause…