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ROCHA v. STATE OF N. Y.

45 A.D.2d 633 (1974)

Adelino Rocha et al., Respondents-Appellants, v. State of New York, Appellant-Respondent. (Claim No. 54574.)

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

November 7, 1974.

Attorney(s) appearing for the Case

William E. Rosa (William F. McNulty and Anthony J. McNulty of counsel), for appellant-respondent.

Sergi & Fetell (Lester E. Fetell and Benjamin J. Sergi of counsel), for respondents-appellants.

HERLIHY, P. J., KANE, MAIN and REYNOLDS, JJ., concur.

SWEENEY, J.

Claimant, Adelino Rocha, age 29, sustained severe and disabling personal injuries on August 25, 1970 when he fell from a scaffolding, or "platform", as it was interchangeably referred to at the trial. On that date claimant was employed as a laborer by the Mount Vernon Construction Company, the contractor engaged by the State, as owner, to widen a bridge located in the Town of North Salem, Westchester...

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