MATTER OF SMITH v. OTSELIC VALLEY CENTRAL SCHOOL DISTRICT


302 A.D.2d 665 (2003)

754 N.Y.S.2d 734

In the Matter of RALPH M. SMITH, Appellant, v. OTSELIC VALLEY CENTRAL SCHOOL DISTRICT, Respondent.

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

Decided February 6, 2003.


Carpinello, J.

On July 13, 2000, petitioner, a roofer working on an elementary school asbestos removal project, severely injured his right hand when he attempted to fix the guard on a roofing saw while the saw was still engaged. Nearly 13 months after the accident, petitioner, claiming that the saw was unsafe and defective, sought to file a late notice of claim against respondent asserting Labor Law §§ 200, 240 (1) and § 241 (6) causes of action. While...

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