FABIANO v. STATE

518328

123 A.D.3d 1262 (2014)

999 N.Y.S.2d 217

2014 NY Slip Op 08695

MARK FABIANO et al., Respondents, v. STATE OF NEW YORK, Appellant.

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

Decided December 11, 2014.


Claimant Mark Fabiano (hereinafter claimant) was employed by a contractor hired to paint one of defendant's bridges and was injured when he stepped on a scaffold plank that collapsed, causing him to fall to the pavement below and sustain injuries. Claimant and his wife, derivatively, thereafter commenced this action, asserting negligence...

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