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Williams v. State of New York

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


March 16, 2010

TRAVIS WILLIAMS, CLAIMANT-APPELLANT,
v.
THE STATE OF NEW YORK, DEFENDANT-RESPONDENT.

Judgment, Court of Claims of the State of New York (Thomas H. Scuccimarra, J.), entered June 19, 2008, dismissing the claim after a non-jury trial, unanimously affirmed, without costs.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Tom, J.P., Sweeny, Catterson, Moskowitz, DeGrasse, JJ.

107459

Claimant, an electrician apprentice employed by an electrical contractor, was injured when struck by a large spool of wire placed near the top of an exterior stairwell that he and his co-workers were using for access to their work area. The court's finding that claimant failed to prove alleged snowy or icy conditions around the stairwell landing had proximately caused the accident was not against the weight of the credible evidence (see e.g. Watts v State of New York, 25 AD3d 324 [2006]), which showed the accident resulting from where the co-workers had placed the spool of wire, without any mechanism to prevent it from rolling down the steps (cf. D'Avilar v Folks Elec. Inc., 67 AD3d 472, 473 [2009]).

We have considered claimant's remaining contentions and find them unavailing.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20100316

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