Legal Opinion

Bodnarchuk v. State

Appellate Division of the Supreme Court of the State of New York

Decided March 11, 2008PublishedCited by 4 opinions

1Opinion of the Court

The claimant, an asbestos worker employed by a subcontractor to perform asbestos abatement at the Helen Hayes Hospital, allegedly was injured after he fell 8 to 10 feet through a metal grate into a hole. The grate was located beneath a window which the workers, including the claimant, used to pass equipment and materials into and out of the locker room where the abatement was taking place. There was evidence at trial that the only way that workers and materials were supposed to enter *582and exit the locker room was through a decontamination chamber.

The Court of Claims dismissed the claim after…

2Cases cited4 opinions

  1. Dermatossian v. New York City Transit AuthorityNew York Court of Appeals · 1986
  2. Kambat v. St. Francis HospitalNew York Court of Appeals · 1997
  3. Patrick v. Bally's Total FitnessAppellate Division of the Supreme Court of the State of New York · 2002
  4. Imhotep v. StateAppellate Division of the Supreme Court of the State of New York · 2002

3Cited by4 opinions

  1. Antoniato v. Long Island Jewish Medical CenterAppellate Division of the Supreme Court of the State of New York · 2009
  2. Roman v. 233 Broadway Owners, LLCAppellate Division of the Supreme Court of the State of New York · 2012
  3. Kiritsis v. North Shore School DistrictAppellate Division of the Supreme Court of the State of New York · 2011
  4. Roman v. 233 Broadway Owners, LLCAppellate Division of the Supreme Court of the State of New York · 2012

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