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SCANLAN v. TILCON N.Y.

192 Misc.2d 233 (2002)

745 N.Y.S.2d 651

JAMES D. SUPENSKY, Claimant, v. STATE OF NEW YORK, Defendant. (Claim No. 96861.)

Court of Claims.

May 22, 2002.

Attorney(s) appearing for the Case

Lipsitz, Green, Fahringer, Roll, Salisbury & Cambria, LLP (Laraine Kelley of counsel), for claimant.

Eliot Spitzer, Attorney General, and Rupp, Baase & Pfalzgraf, LLC (R. Anthony Rupp, III, of counsel), for defendant.

OPINION OF THE COURT

EDGAR C. NEMOYER, J.

This claim occurred on June 19, 1996, while claimant, who was employed by M. Falgiano Construction, was working on a bridge rehabilitation project on Hyde Park Boulevard, Niagara Falls, New York. The construction site was owned by the defendant. The Hyde Park Boulevard bridge carries a four lane highway over a set of railroad tracks. The rehabilitation project involved resurfacing the roadway, installing new light...

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