MTR. OF DONAHUE v. LEVITT


55 A.D.2d 240 (1976)

In the Matter of John W. Donahue, Petitioner, v. Arthur Levitt, as Comptroller of The State of New York, et al., Respondents

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

December 30, 1976


Attorney(s) appearing for the Case

Michael LoPinto for petitioner.

Louis J. Lefkowitz, Attorney-General (Winifred J. Stanley and Ruth Kessler Toch of counsel), for respondents.

KOREMAN, P. J., MAIN, LARKIN and HERLIHY, JJ., concur.


SWEENEY, J.

The facts are not disputed. Petitioner, a maintenance mechanic employed by the New York State Department of Transportation, was injured on December 6, 1973 while in the performance of his regular duties. On that day petitioner was descending from the roof of a truck on which he was working when the box onto which he was stepping tipped over and he lost his balance. At the time he was some two and one-half feet from the garage floor and in...

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