Gulino v New York State Thruway Auth.

State: New York

Court: New York Northern District Court

Docket No: 2006 NY Slip Op 52163(U)

Case Date: 11/01/2006

Plaintiff: Gulino

Defendant: New York State Thruway Auth.

Preview:[*1]

Decided on November 1, 2006
Ct Cl

108877

APPEARANCES:For Claimants:
Sacks & Sacks, LLP
by: Retu Singla, Esq.
For Defendant:
Fiedelman Garfinkel & Lesman
by: David Persky, Esq.

Alan C. Marin, J.
George Gulino, an employee of United Fence, was part of a crew installing several hundred feet of new guardrail on Interstate 95 in Bronx County. United Fence was a subcontractor of Liddell Brothers, Inc. which had entered into a contract with the Thruway Authority. On January 7, 2004, when climbing down from a flatbed truck, Mr. Gulino stepped on a piece of concrete, fell to the
ground and injured himself. Gulino's claim [FN1] here is based upon sections 200, 240 and 241.6 of the Labor Law.
The defendant New York State Thruway Authority has moved this Court for an Order dismissing each of the three causes of action; claimant opposes the motion, except with respect to the cause of action under

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