MARTIN v. STATE

3327, Claim No. 123068.

148 A.D.3d 439 (2017)

2017 NY Slip Op 01651

47 N.Y.S.3d 904

SETH MARTIN, Respondent, v. STATE OF NEW YORK, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided March 7, 2017.


The Court of Claims correctly decided that an issue of fact exists concerning whether the State provided tag lines for claimant's use in moving the steel I-beam across the Alexander Hamilton Bridge and whether the absence of tag lines was a proximate cause of claimant's injury (see Rizzuto v L.A. Wenger Contr. Co., 91 N.Y.2d 343

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