WYNNE v. STATE OF NEW YORK

2007-10086.

2008 NY Slip Op 06448

JAMES F. WYNNE, respondent, v. STATE OF NEW YORK, appellant. (Claim No. 110003)

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

Decided July 29, 2008.


Attorney(s) appearing for the Case

Alan I. Lamer, Elmsford, N.Y. (Fiedelman & McGaw [Andrew Zajac] of counsel), for appellant.

Law Offices of Marc D. Orloff, P.C., Goshen, N.Y. (Steven A. Kimmel of counsel), for respondent.


Before: PETER B. SKELOS, J.P., HOWARD MILLER, EDWARD D. CARNI, CHERYL E. CHAMBERS, JJ.

DECISION & ORDER

ORDERED that the order is affirmed insofar as appealed from, with costs.

On October 25, 2002, the claimant was working as a dump truck driver on a project to construct an exit ramp at the Route 17/Route 94 interchange at Exit 126 in the Town of Chester in Orange County. The defendant, State of New York, was the owner of the property. While...

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