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MTR OF JAMES v. STATE OF NY

90 A.D.2d 342 (1982)

In the Matter of Kathleen James, Individually and as Administratrix of The Estate of Danny R. Neff, Deceased, Respondent, v. State of New York et al., Appellants

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

December 17, 1982

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Peter J. Dooley and Jeremiah Jochnowitz of counsel), for appellants.

Paul William Beltz, P. C. (Francis M. Letro of counsel), for respondent.

Robert H. Silk for New York State Trial Lawyers Association, amicus curiae.

Nixon, Hargrave, Devans & Doyle for American Insurance Assn. and another, amicus curiae.

SIMONS, J. P., HANCOCK, JR., CALLAHAN and BOOMER, JJ., concur.

MOULE, J.

The issue presented on this appeal is whether an administratrix of the estate of an employee killed in a work-related accident may bring an action against the workers' compensation carrier of decedent's employer for negligent inspection of the worksite.

An action against the State of New York and the New York State Insurance Fund (carrier)1 was brought by Kathleen...

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