KOUROS v. STATE OF NEW YORK


288 A.D.2d 566 (2001)

732 N.Y.S.2d 277

JAMES KOUROS, Respondent, v. STATE OF NEW YORK et al., Appellants. (Claim No. 98994.)

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

Decided November 8, 2001.


Mugglin, J.

This case again presents for our consideration the recalcitrant worker defense to a claim of liability arising under Labor Law § 240 (1). Among the facts which are not in dispute are the following. Defendant State of New York is the owner of a bridge which spans the Chenango River in Broome County where State Route 17 and Interstate Route 81 cross the river. Claimant's employer was awarded a contract to sandblast and repaint the bridge. Claimant and...

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