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Sapkaroski v. State

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 14, 1989
149 A.D.2d 966 (N.Y. App. Div. 1989)

Opinion

April 14, 1989

Appeal from the Court of Claims, NeMoyer, J.

Present — Callahan, J.P., Denman, Green, Pine and Lawton, JJ.


Judgment unanimously affirmed with costs. Memorandum: The court's findings that claimant's injuries were caused by a fall from a bridge and by defendant's failure to provide claimant with any safety devices are amply supported by the evidence and should be affirmed. Thus, claimant established defendant's absolute liability under section 240 (1) of the Labor Law (see, Zimmer v Chemung County Performing Arts, 65 N.Y.2d 513, rearg denied 65 N.Y.2d 1054). We also find that the court's evidentiary rulings were proper and that the verdict was not excessive considering the nature and extent of claimant's injuries (see, James v Shanley, 73 A.D.2d 752).


Summaries of

Sapkaroski v. State

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 14, 1989
149 A.D.2d 966 (N.Y. App. Div. 1989)
Case details for

Sapkaroski v. State

Case Details

Full title:BORIS SAPKAROSKI, Respondent, v. STATE OF NEW YORK et al., Appellants…

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

Date published: Apr 14, 1989

Citations

149 A.D.2d 966 (N.Y. App. Div. 1989)
540 N.Y.S.2d 626