Dismissal of labor law claims against LCBF client upheld by second department

In Sotomayer v Metropolitan Transp. Authority, 92 A.D.3d 862 (N.Y. App. Div. 2d Dep't 2012), plaintiff was engaged in the requisitioning and gathering of parts used by others in the course of performing maintenance and modification of existing passenger railroad cars. The appellate division affirmed the trial court’s ruling in favor of LCBF’s client that plaintiff was not engaged in construction, excavation, or demolition work, as required for liability under Labor Law § 241(6). The LCBF team was headed by Bill Ballaine.