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PAGE v. STATE OF N. Y.

73 A.D.2d 479 (1980)

Bruce J. Page, Sr., Appellant, v. State of New York, Respondent. (Claim No. 59817.) Vincent La Buzzetta, Jr., et al., Claimants, v. State of New York, Respondent. (Claim No. 61183.)

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

April 10, 1980

Attorney(s) appearing for the Case

Jacobs & Jacobs (Patrick J. Cannon of counsel), for appellant.

Robert Abrams, Attorney-General (Vernon Stuart and Shirley Adelson Siegel of counsel), for respondent.

GREENBLOTT, MAIN and MIKOLL, JJ., concur with HERLIHY, J.; MAHONEY, P. J., concurs in a separate opinion.

HERLIHY, J.

The claimant sustained personal injuries on June 11, 1975 while engaged in installing a sanitary sewer system at the Gilbert Lake State Park in Otsego County. The work was being performed pursuant to a contract between the State of New York, as owner of the site, and the S & D Construction Co., as general contractor.

The record establishes prima facie that there was a failure to comply...

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