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HECKER v. STATE OF NEW YORK

No. 38.

20 N.Y.3d 1087 (2013)

987 N.E.2d 636

965 N.Y.S.2d 75

2013 NY Slip Op 2105

KENNETH J. HECKER, Appellant, v. STATE OF NEW YORK, Respondent.

Court of Appeals of New York.

Decided March 28, 2013.

Attorney(s) appearing for the Case

Tones Vaisey, PLLC, Rochester ( Jeffrey A. Vaisey of counsel), for appellant.

Kenney Shelton Liptak Nowak LLP, Buffalo ( Richard C. Brister of counsel), for respondent.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed with costs.

The issue decided by the Appellate Division — whether the area in which plaintiff suffered his injury was a "floor, passageway [or] walkway" within the meaning of 12 NYCRR 23-1.7 (d) — was not preserved in the Court of Claims, and the Appellate Division's ruling must be deemed an exercise of its interests of justice jurisdiction. We have...

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