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PHEARSDORF v. STATE OF NEW YORK

834 CA 18-01682.

175 A.D.3d 1819 (2019)

107 N.Y.S.3d 762

2019 NY Slip Op 06921

Donald J. Phearsdorf et al., Respondents, v. State of New York, Appellant. (Claim No. 121775.)

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

September 27, 2019.

Attorney(s) appearing for the Case

RUPP BAASE PFALZGRAF CUNNINGHAM LLC, ROCHESTER ( MATTHEW C. LENAHAN OF COUNSEL), FOR DEFENDANT-APPELLANT.

BRIAN CHAPIN YORK , JAMESTOWN, FOR CLAIMANTS-RESPONDENTS.

Present—Centra, J.P., Peradotto, Carni, Troutman and Winslow, JJ.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.

Memorandum: Defendant appeals from an interlocutory judgment, entered following a nonjury trial, in favor of claimants on the issue of liability under Labor Law § 240 (1). Viewing the evidence in the light most favorable to sustain the judgment and giving due deference to the determinations of the Court of Claims regarding...

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