GATES v. STATE


28 A.D.3d 1067 (2006)

813 N.Y.S.2d 335

STEVEN M. GATES et al., Respondents, v. STATE OF NEW YORK, Appellant. (Claim No. 107541.) (Appeal No. 1.)

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

April 28, 2006.


It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Defendant contends in appeal Nos. 1 and 2 that the Court of Claims erred in granting the motions of the respective claimants seeking partial summary judgment on the issue of liability with respect to the Labor Law § 240 (1) claims and in denying those parts of defendant's cross motions seeking summary judgment dismissing those...

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