MIRAGLIA v. ESSEX INS. CO.

8274/2005.

2008 NY Slip Op 51545 (U)

FRANK MIRAGLIA, Plaintiff, v. ESSEX INSURANCE COMPANY, Defendant.

Supreme Court of the State of New York, Orange County.

Decided July 23, 2008.


Attorney(s) appearing for the Case

Steven L. Hess, Esq., Edward S. Goodman, Esq., Simonson, Hess & Leibowitz, P.C., New York, New York, Attorneys for Plaintiff.

Dan D. Kohane, Esq., Hurwitz & Fine, P.C., Buffalo, New York, Attorneys for Defendant.


WILLIAM J. GIACOMO, J.

FACTUAL AND PROCEDURAL BACKGROUND

On September 1, 2000, plaintiff, then 45 years old, was impaled by a steel bar from his scrotum to L2 on his spinal cord resulting in paraplegia and other associated complications. The resulting Labor Law §240 case, Miraglia v. H & L Holding Corp., was tried before a jury in Supreme Court, Bronx County (the "Trial Court") bearing Index No. 25228/2000.

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