Molodtsov v. The State of New York

Outcome: Verdict, $1,663,871.15 for Plaintiff

Description: Citation: http://vertumnus.courts.state.ny.us/claims/html/2005-030-003.html Denis Molodtsov alleges in Claim Number 107063 that on October 13, 2002 he was injured while working at the Taconic Developmental Disabilities Organization - a State owned and operated mental health facility in Wassaic, New York - pursuant to a sub-contract for asbestos removal from underground tunnels held by his employer, Scorpio Enterprises, Inc. (hereafter Scorpio), with Thettalia Construction, Inc. (hereafter Thettalia). Thettalia had entered into a contract with the State for removal of asbestos wrapped pipes which had collapsed in an underground steam/utility tunnel at the facility. Claimant was injured in a fall while working in an underground steam tunnel. By decision filed June 4, 2004, this Court granted Claimant's motion for partial summary judgment [M-68192] on the issue of liability under Labor Law §§240(1) and 241(6), and found the Defendant to be solely responsible for the accident of October 13, 2002 which resulted in Denis Molodtsov's injuries. This Decision deals only with the issue of damages. A trial of the matter was held on November 30, 2004 and December 1 and 2, 2004.