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SHOEMAKER v. STATE

186 A.D.2d 1028 (1992)

James R. Shoemaker et al., Appellants, v. State of New York, Respondent. (Claim No. 80362.)

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

October 7, 1992

Order unanimously reversed on the law with costs, motion denied and claim reinstated.

Memorandum:

Although the Facilities Development Corporation had possession and control of the property upon which claimant James R. Shoemaker was injured, the State of New York is not relieved of its liability under Labor Law §§ 240 and 241 as an owner of the property (see, Kerr v Rochester Gas & Elec. Corp., 113 A.D.2d 412

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