FABIANO v. STATE OF NEW YORK

526628.

170 A.D.3d 1301 (2019)

95 N.Y.S.3d 608

2019 NY Slip Op 01696

Mark Fabiano et al., Appellants-Respondents, v. State of New York, Respondent-Appellant.

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

Decided March 7, 2019.


Claimant Mark Fabiano, a bridge painter, was injured in 2011 when he fell from scaffolding while working. Fabiano and his wife, derivatively, brought this claim to recover damages. The Court of Claims granted summary judgment to claimants on the issue of liability under Labor Law § 240 (1) (123 A.D.3d 1262

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