Pastoriza v. State

OPINION OF THE COURT

Edward J. Amann, Jr., J.

In the present motion the claimant seeks summary judgment under sections 240 and 241 of the Labor Law. The defendant cross-moves for an order denying the claimant’s motion for summary judgment and granting the defendant’s cross motion for dismissal of the claim pursuant to CPLR 3211 (subd [a], par 7) and 3212.

The incident giving rise to the instant claim took place on May 13,1982, when Mr. Pastoriza fell while working on the restoration of the Westside Highway, also known as the Henry Hudson Parkway. At the time, Mr. Pastoriza was a carpenter…