Patricia Simpson, etc., appellant, v. Power Authority of the State of New York, etc., et al., respondents. (2026)

Argued—May 29, 2025

DECISION & ORDER

O/

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Westchester County (Janet Malone, J.), dated March 24, 2022.  The order granted the defendants' motion pursuant to CPLR 3211(a)(7) to dismiss the complaint.

ORDERED that the order is modified, on the law, by deleting the provision thereof granting those branches of the defendants' motion which were pursuant to CPLR 3211(a)(7) to dismiss the causes of action alleging common-law negligence, gross negligence, recklessness, and a violation of Labor Law § 200, and substituting therefor a provision denying those branches of the motion;  as so modified, the order is affirmed, with costs to the plaintiff.

The underlying facts of this case are summarized in a related appeal decided herewith (see Fabia v Power Auth. of the State of New York, _ AD3d _).  As relevant to this appeal, the plaintiff's decedent, a licensed pilot and employee of Catalyst Aviation, LLC, was piloting a helicopter that was involved in an accident.  The plaintiff's decedent jumped from the helicopter when it was approximately 75 feet in the air, resulting in fatal injuries.

The plaintiff commenced this action to recover damages for personal injuries against the defendant Power Authority of the State of New York (hereinafter NYPA) and the defendants Northline Utilities, LLC, and Northline Ventures, Inc. (hereinafter together the Northline defendants), alleging that they acted negligently and recklessly and violated Labor Law §§ 200, 240(1), and 241(6).  NYPA and the Northline defendants interposed separate answers and, after the completion of discovery, jointly moved pursuant to CPLR 3211(a)(7) to dismiss the complaint.  In an order dated March 24, 2022, the Supreme Court granted the motion.  The plaintiff appeals.

For the reasons set forth in this Court's opinion and order on a related appeal (see Fabia v Power Auth. of the State of New York, _ AD3d _ [decided herewith] ), we modify the order by deleting the provision thereof granting those branches of the defendants' motion which were pursuant to CPLR 3211(a)(7) to dismiss the causes of action alleging common-law negligence, gross negligence, recklessness, and a violation of Labor Law § 200, and substituting therefor a provision denying those branches of the motion.

BRATHWAITE NELSON, J.P., FORD, VOUTSINAS and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court