Fiumara v. State

In this claim for damages for personal injuries sustained by and for wrongful death of the decedent, Vincent Fiumara, predicated upon the negligence of the State of New York in its failure to exercise the duty imposed by former subdivision 4 of section 240 of the Labor Law, the defendant moved to dismiss the claim contending that the court did not have jurisdiction in that (1) claimant’s sole remedy lay within the provisions of the Workmen’s Compensation Law and (2) the claim was not timely filed within the provisions of subdivision 2 of section 10 of the Court of Claims Act.

With respect to…