Justice Michael D. Stallman
Police officer Wozniak was participating in a training exercise in a subway tunnel. After training ended he went through a doorway he believed was the exit, stepped through and lost his balance as there was a five or six foot drop, resulting in injuries. Wozniak asserted claims of negligence based on General Municipal Law §205-e against New York City. The city moved for summary judgment dismissal, which was granted as the city was an out-of-possession lessor of the subway system. It retained no right to supervise or control the subway system and could not be held liable under a common-law theory of negligence for Wozniak’s injuries. Wozniak also argued the city violated Labor Law §27-a(3)(a)(1), Public Employee Safety and Health Act, in that it failed to provide him with a safe place to work, contending the lighting in the area he was injured was inadequate and he was not informed of a safe means of egress from the tunnel. The court noted it must follow appellate precedent of the Second Department, which held that a violation of §27-a may constitute a sufficient predicate for a claim under GML §205-e. It also noted principles of comparative negligence, as alleged by the city, were inapplicable in actions commenced under GML §205-e.
