Legal Opinion

Harrington v. State

Appellate Division of the Supreme Court of the State of New York

Decided November 28, 2000PublishedCited by 2 opinions

1Opinion of the CourtCarpinello, J.

Appeal from a judgment of the Court of Claims (King, J.), entered September 7, 1999, upon a decision of the court in favor of the State following a bifurcated trial on the issue of liability.

A detailed recitation of the facts can be found in our prior decision in this matter (255 AD2d 819), wherein we denied claimants’ motion for summary judgment on the issue of liability under Labor Law § 240 (1) finding triable issues of fact as to whether claimant Michael Harrington (hereinafter claimant) was a recalcitrant worker. Briefly, claimant was injured in the course of his work as a rigger on a…

2Cases cited15 opinions

  1. Gordon v. Eastern Railway Supply, Inc.New York Court of Appeals · 1993
  2. Weininger v. Hagedorn & Co.New York Court of Appeals · 1998
  3. Stolt v. General Foods Corp.New York Court of Appeals · 1993
  4. Mack v. Altmans Stage Lighting Co.Appellate Division of the Supreme Court of the State of New York · 1984
  5. Smith v. Hooker Chemicals & Plastics Corp.Appellate Division of the Supreme Court of the State of New York · 1982

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3Cited by2 opinions

  1. Kouros v. StateAppellate Division of the Supreme Court of the State of New York · 2001
  2. Lozada v. GBE Contracting Corp.Appellate Division of the Supreme Court of the State of New York · 2002

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