STIGALL v. STATE OF NEW YORK

Claim No. 128335. Appeal No. 12531. Case No. 2020-05474.

189 A.D.3d 469 (2020)

136 N.Y.S.3d 275

2020 NY Slip Op 07306

Kenneth Stigall et al., Appellants, v. State of New York, Respondent.

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

Decided December 3, 2020.


Attorney(s) appearing for the Case

Sacks and Sacks, LLP, New York ( Scott N. Singer of counsel), for appellants.

Mauro Lilling Naparty, LLP, Woodbury ( Seth M. Weinberg of counsel), for respondent.

Concur— Renwick, J.P., Manzanet-Daniels, Mazzarelli, Singh, Scarpulla, JJ.


Claimant Kenneth Stigall was walking on an I-beam during renovation work on a portion of the Major Deegan Expressway, when he tripped on a surveyor's retractable lanyard and fell off the beam. He states that his right shoulder struck the beam on the way down. He also states that his left foot struck a steel deck that was erected about 8 to 10 feet below the beam, before his body was somehow pulled back up by his lanyard, which was attached to a safety cable above, resulting...

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