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COLERN v. STATE

170 A.D.2d 1000 (1991)

Joseph Colern et al., Appellants, v. State of New York, Respondent

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

February 1, 1991

Judgment unanimously reversed on the law with costs, judgment of liability granted to claimants, and matter remitted to Court of Claims for further proceedings, in accordance with the following Memorandum: Claimants appeal from a judgment entered at the close of proof at trial on the issue of liability dismissing the claim as legally insufficient to establish liability under Labor Law § 240 (1). In dismissing the claim, the...

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