Joy v. City of New York

Order, Supreme Court, New York County (Jane S. Solomon, J.), entered June 14, 2004, which denied defendant’s motion for summary judgment dismissing plaintiffs Labor Law § 241 (6) claim and sua sponte ordered that the City produce a nonparty witness, unanimously reversed, on the law, without costs, the section 241 (6) claim dismissed and the discovery order vacated. The Clerk is directed to enter judgment in favor of defendant dismissing the complaint.

The fatal injury to plaintiffs deceased, a subway signal maintenance employee, did not fall within the ambit of Labor Law § 241 (6), since it…