Justice Michael D. Stallman

Defendants, including New York City, sought summary judgment dismissing worker Bequiri’s Labor Law §§200 and 240(1) claims in this personal injury action. Bequiri was injured when his right leg went into a hole up to his knee and fell while walking through the tunnels for the Metropolitan Transportation Authority (MTA) and Transit Authority’s (TA) South Ferry Terminal project. Bequiri claimed he was injured as a result of defendants’ negligence and their failure to comply with the Labor Law, seeking summary judgment on liability on his §240(1) claim. The MTA confirmed the city owned the subway system, but leased it to the TA, which maintains and operates it. The city claimed its only involvement with the project was issuance of permits to perform work above ground as city personnel never visited the site. Thus, as the city made a prima facie showing it was an out-of-possession landlord and retained no control over the premises where Bequiri was injured, there was no basis to impose liability under §200 against it. But the TA failed to show it did not create the dangerous condition or lacked actual or constructive notice of the condition that allegedly caused the accident. Hence, dismissal was denied.