ATKINSON v. STATE


20 A.D.3d 739 (2005)

798 N.Y.S.2d 230

TIM ATKINSON, Appellant, v. STATE OF NEW YORK, Respondent. (Claim No. 101679.)

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

July 14, 2005.


Spain, J.P.

Claimant, while employed as a laborer for a construction company which was building a new prison facility in the Town of Malone, Franklin County, was injured while he was adding a tier to a scaffold which the masons were using to build the exterior walls of the facility. Specifically, claimant — standing on the ground — was raising, one at a time, scaffold frame pieces which would ultimately comprise the next tier of the scaffold. Each piece...

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