Volpicelli v. New York City Transit Authority

In an action, inter alia, to recover damages for personal injuries, the defendants New York City Transit Authority, City of New York, and Laquila-Icos, J.V., appeal from so much of an order of the Supreme Court, Queens County (Schulman, J.), dated May 21, 2002, as, upon renewal, adhered to its prior determination in an order dated April 18, 2001, denying that branch of their motion which was for summary judgment dismissing the plaintiffs cause of action pursuant to Labor Law § 240 (1).

Ordered that the order dated May 21, 2002, is reversed insofar as appealed from, on the law, with costs, and,…