SAPKAROSKI v. STATE


149 A.D.2d 966 (1989)

Boris Sapkaroski, Respondent, v. State of New York et al., Appellants. (Claim No. 70248.)

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

April 14, 1989


Judgment unanimously affirmed with costs.

Memorandum:

The court's findings that claimant's injuries were caused by a fall from a bridge and by defendant's failure to provide claimant with any safety devices are amply supported by the evidence and should be affirmed. Thus, claimant established defendant's absolute liability under section 240 (1) of the Labor Law (see, Zimmer v Chemung County Performing Arts, 65 N.Y.2d 513

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