Mosher v. State

Appeal from that part of an order of the Court of Claims (Hanifin, J.), entered June 19, 1991, which denied the State’s motion for summary judgment to dismiss the claim under Labor Law § 241 (6).

Claimant Marilyn Mosher’s employer was engaged by the State to resurface 3.4 miles of State Route 17 in Chemung County at grade with asphalt concrete. She was riding in the back of a truck stacking traffic cones handed up to her by a coemployee when the truck suddenly stopped, causing her to fall forward and sustain injuries. The Court of Claims granted the State’s motion for summary judgment…