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  5. 104 A.D.2d 75 (1984)
 

KALOFONOS v. STATE OF NEW YORK

104 A.D.2d 75 (1984)

Spyros Kalofonos et al., Respondents, v. State of New York, Appellant

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

November 19, 1984

Attorney(s) appearing for the Case

Jones, Hirsch & Bull (Gary D. Centola of counsel), for appellant.

Lipsig, Sullivan & Liapakis (Norman E. Frowley and Pamela Anagnos Liapakis of counsel), for respondents.

LAZER, O'CONNOR and NIEHOFF, JJ., concur with MOLLEN, P. J.; TITONE, J., dissents and votes to reverse the judgment appealed from and grant a new trial, with an opinion.

MOLLEN, P. J.

The primary issue on this appeal is whether the State of New York can be held strictly liable in damages, pursuant to subdivision 1 of section 240 of the Labor Law, for an employee's injuries proximately caused by an owner's or contractor's failure to provide a safety rail on scaffolding used in connection with sandblasting and painting the underside of a State-owned bridge. We conclude, as did...

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