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CRUZ v. NEW MILLENNIUM CONSTR

17 A.D.3d 19 (2005)

793 N.Y.S.2d 548

In the Matter of the Claim of JESUS CRUZ, Respondent, v. NEW MILLENNIUM CONSTRUCTION & RESTORATION CORPORATION et al., Respondents, and REALM NATIONAL INSURANCE COMPANY, Appellant. WORKERS' COMPENSATION BOARD, Respondent. (And 13 Other Related Claims.)

Appellate Division of the Supreme Court of the State of New York, Third Department.

March 24, 2005.

Attorney(s) appearing for the Case

Stroock & Stroock & Lavan L.L.P., New York City (Hugh O'Boyle of Foley, Smit, O'Boyle & Weisman of counsel), for appellant.

Eliot Spitzer, Attorney General, New York City (Steven Segall of counsel), for Workers' Compensation Board, respondent.

MERCURE, J.P., CREW III, ROSE and LAHTINEN, JJ., concur.

OPINION OF THE COURT

CARPINELLO, J.

On October 24, 2001, 12 of the 14 claimants at issue in these consolidated proceedings and the deceased spouses of the remaining two claimants were employed by New Millennium Construction & Restoration Corporation, a subcontractor on a building reconstruction project in New York City. Each was injured or died when an exterior scaffold collapsed. Claimants thereafter sought workers' compensation benefits pursuant to...

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