In Coleman v. City of New York (91 N.Y.2d 821), plaintiff Transit Authority employee fell through a canopy while making repairs at a New York City transit system elevated station. The City contended that it should be exempted from statutory liability as an owner because it lacked the ability to protect Transit Authority employees working at the site. The City urged that its status as the owner-lessor of the transit system arose because of the state statutory scheme establishing the Transit Authority, and that Labor Law Section 240(1) vicarious liability should be held inapplicable. The Coleman court declined to exempt the City from the "plain word and reach of the statute, leaving that for the Legislature if it so chooses." (Id at 823.)