ALSTYNE v. NEW YORK STATE THRUWAY AUTH.


244 A.D.2d 978 (1997)

665 N.Y.S.2d 220

Edward Van Alstyne, Jr., et al., Respondents, v. New York State Thruway Authority, Appellant. (Claim No. 91046.)

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

November 19, 1997


Order unanimously affirmed without costs.

Memorandum:

The Court of Claims properly granted claimants' motion for summary judgment on liability under Labor Law § 240 (1) and denied defendant's cross motion for summary judgment based upon the recalcitrant worker defense. Edward Van Alstyne, Jr. (claimant) was injured in a fall from an elevated girder at the site of a bridge rehabilitation project, and defendant asserted the recalcitrant worker defense based...

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