Catarino v. State

Order of the Court of Claims of the State of New York (S. Michael Nadel, J.), entered June 4, 2007, which denied the State’s motion for summary judgment and granted claimants’ motion for partial summary judgment on liability, unanimously affirmed, without costs.

Claimant laborer was injured on a state-owned construction site and asserts a claim under Labor Law § 241 (6), premised on a violation of Industrial Code (12 NYCRR) § 23-8.1 (f) (5), which provides that “[mjobile cranes, tower cranes and derricks shall not hoist, lower, swing or travel while any person is located on the load or hook.”…