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PASTORIZA v. STATE OF NY

123 Misc.2d 481 (1984)

Maria T. Pastoriza, Individually and as Administratrix of The Estate of Tomas Pastoriza, Deceased, Claimant, v. State of New York, Defendant. (Claim No. 67977.)

Court of Claims.

March 5, 1984

Attorney(s) appearing for the Case

Blumenfeld & Fraiden (Franklin Blumenfeld of counsel), for claimant. Robert Abrams, Attorney-General, and Leahey & Johnson, P. C. (Asher Marcus of counsel), for defendant.

EDWARD J. AMANN, JR., J.

In the present motion the claimant seeks summary judgment under sections 240 and 241 of the Labor Law. The defendant cross-moves for an order denying the claimant's motion for summary judgment and granting the defendant's cross motion for dismissal of the claim pursuant to CPLR 3211 (subd [a], par 7) and 3212.

The incident giving rise to the instant claim took place on May 13, 1982, when Mr. Pastoriza fell while working...

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