Medina v. City of New York
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Plaintiff, an inspector for the New York City Transit Authority (TA), was injured on September 17, 2005 while inspecting a subway rail. Plaintiff was standing on the track bed when a 12-foot section of the rail, unsecured and weakened by saw cuts, suddenly sprang upward and then fell, striking his leg. Plaintiff brought this action asserting claims pursuant to, inter alia, Labor Law § 240 (1) and § 241 (6).
During the liability portion of the bifurcated trial, plaintiff testified that he was installing new track. He stated that this was part of a subway system modification project and not a…
2Cases cited12 opinions
- Ross v. Curtis-Palmer Hydro-Electric Co.New York Court of Appeals · 1993
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- Rizzuto v. L.A. Wenger Contracting Co.New York Court of Appeals · 1998
- Joblon v. SolowNew York Court of Appeals · 1998
- Prats v. Port Authority of New York & New JerseyNew York Court of Appeals · 2003
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