Lambert v. State

—In a claim to recover damages for wrongful death and conscious pain and suffering, the State of New York appeals, as limited by its brief, from (1) so much of an order of the Court of Claims (Blinder, J.), dated April 13, 1995, as (a) granted the claimant’s motion for partial summary judgment on the issue of liability under Labor Law § 240 (1), and (b) denied its cross motion to dismiss the wrongful death cause of action, and (2) so much of an order of the same court, dated December 28, 1995, as, upon renewal, adhered to the prior determination.

Ordered that the appeal from the order dated…