LEN v. STATE

508159.

74 A.D.3d 1597 (2010)

906 N.Y.S.2d 622

EDWARD J. LEN, as Administrator of the Estate of MICHAEL E. LEN, Deceased, Appellant, v. STATE OF NEW YORK et al., Respondents.

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

Decided June 17, 2010.


Spain, J.

On December 7, 2006, decedent tragically fell to his death from one of the movable dams at Lock 9 of the Erie Canal on the Mohawk River. At the time, decedent was employed by defendant New York State Canal Corporation as the chief lock operator for the Green Island Bridge in the City of Troy, Rensselaer County, but — on that morning — he had been directed to report to Lock 9 to assist in raising the lock's movable dams, a task that was performed...

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