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ATKINSON v. STATE OF NY

12 Misc.3d 582 (2006)

814 N.Y.S.2d 490

TIM ATKINSON, Claimant, v. STATE OF NEW YORK, Defendant. (Claim No. 101679.)

Court of Claims.

February 8, 2006.

Attorney(s) appearing for the Case

Horigan, Horigan, Lombardo & Kelly, P.C. (Thomas E. Kelly of counsel), for defendant.

Livingston L. Hatch for claimant.

OPINION OF THE COURT

JUDITH A. HARD, J.

Defendant moves this court pursuant to CPLR 3212 for an order granting summary judgment and dismissing the claim.

The material facts are relatively undisputed. On July 14, 1998, claimant was employed as a laborer erecting scaffolding at a prison operated by defendant. Claimant was placing portions of scaffolding on the third tier, working approximately six...

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