Beard v. State
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtPeters, J.
Appeal from an order of the Court of Claims (Midey, Jr., J.), entered October 19, 2004, which, inter alia, granted claimants’ cross motion for partial summary judgment and directed the entry of an interlocutory judgment on the issue of liability in favor of claimants.
In June 2002, claimant Robert Beard (hereinafter claimant) was operating a “cruise air” backhoe to demolish a two-lane concrete bridge owned by defendant in the Town of Homer, Cortland County, when the bridge suddenly collapsed causing him, and part of the cruise air, to fall 15 to 20 feet into the creek bed below. Claimant,…
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