Anthony v. Consolidated Rail Corp.

OPINION OF THE COURT

Leo F. Hayes, J.

The sole issue before this court is whether defendant, Con*718solidated Rail Corporation, may be held liable as an owner within the meaning of Labor Law § 240. By stipulation of counsel the action was bifurcated, and the issue of liability was tried by the court. After trial, the court made the following findings:(1) Defendant, Conrail, was the owner of a right-of-way that generally ran east and west through an area in the City of Syracuse, that at one time was used as a rail line in the conduct of its railroad business. The area of the right-of-way involved in…