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RAMOS v. STATE

34 A.D.2d 1056 (1970)

Miguel Ramos, Appellant, v. State of New York, Respondent. (And 2 Other Actions; Claims Nos. 39378, 39423, 39424.)

Appellate Division of the Supreme Court of the State of New York, Third Department.

June 29, 1970

REYNOLDS, J.

On August 11, 1959 Miguel Ramos, James R. Flynn and Arthur Loustarinen, carpenters in the employ of Johnson, Drake and Piper, the general contractors for the State-administered Cross-Bronx Expressway project, were working inside certain forms when a retaining wall gave way. As a result, Flynn and Loustarinen were killed and Ramos was severely injured. Appellants' premise of liability is that the employer-contractor's attempt to backfill behind...

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