McCoy v. Metropolitan Transportation Authority

OPINION OF THE COURT

Harold B. Beeler, J.

*287This is a decision after a framed-issue hearing held to determine whether as a matter of law a particular piece of construction equipment, the Gradall Material Handler Model 534B, is a “mobile crane” subject to the mobile crane regulations of the New York State Industrial Code, that is “Special Provisions for Mobile Cranes” (12 NYCRR 23-8.2), or a “forklift” subject only to the Industrial Code’s regulations for forklifts, that is “Lift and Fork Trucks” (12 NYCRR 23-9.8).

This hearing was conducted pursuant to the Appellate Division, First Department’s…