New York Court of Appeals
Raul Barreto, Appellant, Plaintiff v. Metropolitan Transportation Authority, Respondents. (And…
May 7, 201525 N.Y.3d 426
Summary
The New York Court of Appeals affirmed the modified order, granting plaintiff partial summary judgment on Labor Law §240(1) claims against the City, NYCTA and MTA, reinstating his §241(6) claims and remanding for further consideration, while dismissing his common‑law negligence and §200 claims against NYCTA and MTA. The Court also held that there are genuine issues of fact regarding IMS's status as a statutory agent and his negligence claims against IMS, so those claims were reinstated. Separate dissenting opinions argued respectively that plaintiff’s conduct was the sole proximate cause warranting summary judgment for the defendants, and that factual disputes preclude summary judgment altogether.