DeLISO v. STATE

2008-08565

69 A.D.3d 786 (2010)

892 N.Y.S.2d 533

2010 NY Slip Op 465

ANGELO DeLISO, Appellant-Respondent, v. STATE OF NEW YORK, Respondent-Appellant.

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

Decided January 19, 2010.


Ordered that the order is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.

Contrary to the defendant's contention, the Court of Claims properly denied those branches of its motion which were for summary judgment dismissing the common-law negligence and Labor Law § 200 claims. In response to the defendant's prima facie showing that it did not control the work site at which the claimant allegedly was injured, and that it neither...

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