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).