BODNARCHUK v. STATE OF NEW YORK


49 A.D.3d 581 (2008)

856 N.Y.S.2d 143

LYUBOMIR BODNARCHUK, Appellant, v. STATE OF NEW YORK, Respondent.

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

Decided March 11, 2008.


Ordered that the judgment is affirmed, with costs.

The claimant, an asbestos worker employed by a subcontractor to perform asbestos abatement at the Helen Hayes Hospital, allegedly was injured after he fell 8 to 10 feet through a metal grate into a hole. The grate was located beneath a window which the workers, including the claimant, used to pass equipment and materials into and out of the locker room where the abatement was taking place. There was evidence at trial...

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