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ALDERMAN v. STATE OF NEW YORK

139 Misc.2d 510 (1988)

Joey Alderman et al., Claimants, v. State of New York, Defendant. (Claim No. 72268.)

Court of Claims.

March 30, 1988

Attorney(s) appearing for the Case

Shanley & Shanley (Donald J. Shanley of counsel), for claimants. Donohue, Donohue & Sabo, P. C. (Kenneth G. Varley of counsel), for defendant.

EDWIN MARGOLIS, J.

The principal question presented by this motion is whether section 240 of the Labor Law, which by its express terms applies to situations in which a worker is injured while using a scaffold to perform work on a building or structure, also applies to situations in which a worker is injured in the process of constructing or dismantling a scaffold so used. The relevant portion of section 240...

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