Nicometti v. State

Order unanimously reversed on the law and in the exercise of discretion without costs and motion denied. Memorandum: The State appeals from an order of the Court of Claims which granted claimants’ motion pursuant to Court of Claims Act § 10 (6) for permission to serve a late *1037notice of claim alleging that the State violated Labor Law §§200 and 241. Claimant Nazareno Nicometti was injured when the hood flew off a truck he was driving at or near a State-owned construction site, causing him to lose control of the truck and roll over into a ditch. He claims that a jack left unsecured in the truck…