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ATKINSON v. STATE OF NEW YORK

49 A.D.3d 988 (2008)

854 N.Y.S.2d 556

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.

Decided March 13, 2008.

Spain, J.

Claimant was injured while working as a laborer erecting a scaffold to be used to build exterior walls of a prison facility complex in the Town of Malone, Franklin County. As we explained previously in this action, "claimant—standing on the ground—was raising, one at a time, scaffold frame pieces which would ultimately comprise the next tier of the scaffold" (20 A.D.3d 739, 739 [2005]). After hanging several...

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