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NAGY v. STATE OF NEW YORK

89 A.D.2d 199 (1982)

Stephen D. Nagy et al., Appellants-Respondents, v. State of New York, Respondent-Appellant. (Claim No. 65740.)

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

October 28, 1982

Attorney(s) appearing for the Case

Gellert & Cutler, P. C. (Stephen E. Ehlers and George D. Marlow of counsel), for Stephen D. Nagy and another, appellants-respondents.

Robert Abrams, Attorney-General (Asher Marcus and Peter J. Johnson of counsel, Leahey & Johnson, P. C.), for respondent-appellant.

KANE, MAIN, MIKOLL and YESAWICH, JR., JJ., concur.

SWEENEY, J. P.

Yonkers Contracting Co., Inc. (Yonkers) was engaged as the general contractor in the construction of a highway on land owned by defendant State of New York. Claimant, an employee of Yonkers, was assisting in preparations for blasting a boulder and was experienced in blasting operations. While so engaged on October 31, 1980, explosives were detonated and claimant was hit in the head by a rock propelled through the air as a result of the...

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