WASZAK v. STATE OF NEW YORK


275 A.D.2d 916 (2000)

713 N.Y.S.2d 397

AUDREY A. WASZAK, Respondent-Appellant, v. STATE OF NEW YORK, Appellant-Respondent. (Claim No. 87776.)

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

Decided September 29, 2000.


Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: In this action by claimant to recover for injuries sustained at a construction site, defendant appeals, contending that the Court of Claims erred in denying that part of its motion seeking summary judgment dismissing the cause of action under Labor Law § 241 (6) insofar as it is based on the alleged violation of 12 NYCRR 23-1.23 (a) and (b). Claimant...

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