JOE v. STATE OF NEW YORK

532176.

203 A.D.3d 1258 (2022)

164 N.Y.S.3d 299

2022 NY Slip Op 01357

Byung Choon Joe, Appellant, v. State of New York, Respondent.

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

Decided March 3, 2022.


Attorney(s) appearing for the Case

Napoli Shkolnik, PLLC, New York City ( Michael J. Hutter of Powers & Santola, LLP, Albany, of counsel), for appellant.

London Fischer, LLP, New York City ( Anthony F. Tagliagambe of counsel), for respondent.

Allen & Overy LLP, New York City ( Sapna Palla of counsel), for Asian American Bar Association and another, amici curiae.

Clark, Pritzker and Colangelo, JJ., concur.


Claimant was injured on July 24, 2013 when he fell approximately six feet from a scaffold while removing asbestos at Building 9 of the Harriman State Office Campus in the City of Albany. This claim ensued and, after the Court of Claims granted claimant's motion for summary judgment on the issue of liability, it conducted a nonjury...

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