Fitzgerald v. State

Appellate Division of the Supreme Court of New York

Fitzgerald v. State

17 A.D.3d 995, 793 N.Y.S.2d 791, 2005 N.Y. App. Div. LEXIS 4576

Appellate Division of the Supreme Court of the State of New York·Decided April 29, 2005·No. Claim No. 107115; Claim No. 107144; Claim No. 107231; Claim No. 107232; Appeal No. 1·Published

Opinion

Appeals from an order of the Court of Claims (Richard E. Sise, J.), entered April 27, 2004. The order, among other things, granted those parts of claimants’ motions seeking partial summary judgment on the issue of liability on the Labor Law § 240 (1) claims and denied defendant’s cross motions seeking summary judgment dismissing the claims under Labor Law § 240 (1) and § 241 (6).

It is hereby ordered that said appeals be and the same hereby are unanimously dismissed without costs.

Same memorandum as in Bradford v State of New York (17 AD3d 995 [2005]). Present—Pigott, Jr., P.J., Green, Gorski, Smith and Lawton, JJ.

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Appeals from an order of the Court of Claims (Richard E. Sise, J.), entered April 27, 2004. The order, among other things, granted those parts of claimants’ motions seeking partial summary judgment on the issue of liability on the Labor Law § 240 (1) claims and denied defendant’s cross motions seeking summary judgment dismissing the claims under Labor Law § 240 (1) and § 241 (6).

It is hereby ordered that said appeals be and the same hereby are unanimously dismissed without costs.

Same memorandum as in Bradford v State of New York (17 AD3d 995 [2005]). Present—Pigott, Jr., P.J., Green, Gorski, Smith and Lawton, JJ.

Fitzgerald v. State, 17 A.D.3d 995, 793 N.Y.S.2d 791, 2005 N.Y. App. Div. LEXIS 4576 (N.Y. Ct. App. 2005).

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Opinion

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