Baker v. State

Appellate Division of the Supreme Court of New York

Baker v. State

28 A.D.3d 1068, 813 N.Y.S.2d 335

Appellate Division of the Supreme Court of the State of New York·Decided April 28, 2006·No. Claim No. 107071; Appeal No. 2·Published

Opinion

Appeal from a judgment of the Court of Claims (Richard E. Sise, J.), entered December 9, 2004 in a personal injury action. The interlocutory judgment granted claimants’ motion for partial summary judgment on the issue of liability pursuant to Labor Law § 240 (1) and denied defendant’s cross motion for summary judgment dismissing the Labor Law § 240 (1) and § 241 (6) claims.

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

Same memorandum as in Gates v State of New York ([appeal No. 1] 28 AD3d 1067 [2006]). Present—Pigott, Jr., P.J., Kehoe, Martoche, Smith and Pine, JJ.

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Appeal from a judgment of the Court of Claims (Richard E. Sise, J.), entered December 9, 2004 in a personal injury action. The interlocutory judgment granted claimants’ motion for partial summary judgment on the issue of liability pursuant to Labor Law § 240 (1) and denied defendant’s cross motion for summary judgment dismissing the Labor Law § 240 (1) and § 241 (6) claims.

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

Same memorandum as in Gates v State of New York ([appeal No. 1] 28 AD3d 1067 [2006]). Present—Pigott, Jr., P.J., Kehoe, Martoche, Smith and Pine, JJ.

Baker v. State, 28 A.D.3d 1068, 813 N.Y.S.2d 335 (N.Y. Ct. App. 2006).

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Opinion

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