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COSTA v. STATE OF NEW YORK

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141 A.D.3d 43 (2016)

32 N.Y.S.3d 147

2016 NY Slip Op 04119

MODESTO COSTA, Appellant, v. STATE OF NEW YORK, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 26, 2016.

Attorney(s) appearing for the Case

Queller, Fisher, Washor, Fuchs & Kool, LLP, New York City (Christopher L. Sallay, Julie T. Mark and Dallin M. Fuchs of counsel), for appellant.

Eric T. Schneiderman, Attorney General, New York City (Matthew W. Grieco and Anisha S. Dasgupta of counsel), for respondent.

TOM, J.P., ANDRIAS and KAPNICK, JJ. concur.

OPINION OF THE COURT

This appeal raises the issue of whether New York State, despite its status as the owner of Pier 40 in Hudson River Park, can avoid an owner's absolute liability under the Labor Law by reliance on the legislature's turnover of the stewardship — but technically not ownership — of the property to...

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