Atkinson v. State
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Spain, J.P.
Appeal from an order of the Court of Claims (Hard, J.), entered July 14, 2004, which granted defendant’s motion for partial summary judgment dismissing the Labor Law § 240 (1) cause of action.
Claimant, while employed as a laborer for a construction company which was building a new prison facility in the Town of Malone, Franklin County, was injured while he was adding a tier to a scaffold which the masons were using to build the exterior walls of the facility. Specifically, claimant—standing on the ground—was raising, one at a time, scaffold frame pieces which would ultimately…
2Cases cited13 opinions
- Narducci v. Manhasset Bay AssociatesNew York Court of Appeals · 2001
- Misseritti v. Mark IV Construction Co.New York Court of Appeals · 1995
- Rodriguez v. Margaret Tietz Center for Nursing Care, Inc.New York Court of Appeals · 1994
- Melo v. Consolidated Edison Co. of New York, Inc.New York Court of Appeals · 1998
- Roberts v. General Electric CompanyNew York Court of Appeals · 2002
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3Cited by13 opinions
- Desharnais v. Jefferson Concrete Co.Appellate Division of the Supreme Court of the State of New York · 2006
- Novak v. Del SavioAppellate Division of the Supreme Court of the State of New York · 2009
- Atkinson v. StateAppellate Division of the Supreme Court of the State of New York · 2008
- Galvan v. Triborough Bridge & Tunnel AuthorityAppellate Division of the Supreme Court of the State of New York · 2006
- Mueller v. PSEG Power New York, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
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