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MORTON v. STATE

No. 103

15 N.Y.3d 50 (2010)

930 N.E.2d 271

904 N.Y.S.2d 350

ALAN MORTON et al., Appellants, v. STATE OF NEW YORK, Respondent. (Claim No. 96522.)

Court of Appeals of New York.

Decided June 8, 2010.

Attorney(s) appearing for the Case

Pollack, Pollack, Isaac & De Cicco, New York City ( Brian J. Isaac of counsel), and Salenger Sack Schwartz & Kimmel ( Marvin Salenger and Michael Schwartz of counsel) for appellants.

Andrew M. Cuomo , Attorney General, Albany ( Victor Paladino , Barbara D. Underwood , Andrew D. Bing and Peter H. Schiff of counsel), for respondent.

Judges GRAFFEO, SMITH, PIGOTT and JONES concur with Judge READ; Chief Judge LIPPMAN dissents and votes to reverse in a separate opinion in which Judge CIPARICK concurs.

OPINION OF THE COURT

READ, J.

Claimant Alan Morton was injured on the morning of April 3, 1997 while working for his employer, New York Water Service Corporation (the water company), a private company that furnishes water to portions of Nassau County. On that date, he was a member of a four-person work crew, including a foreman, dispatched with a backhoe to fix a break reported in a company-owned water main installed in 1928 beneath Carman Mill Road, Massapequa...

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