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MINER v. LONG IS. LIGHT. CO.

40 N.Y.2d 372 (1976)

Linda Miner, Individually and as Administratrix of The Estate of Edward Miner, Deceased, Appellant, v. Long Island Lighting Company, Defendant-Respondent and Third-Party Plaintiff. Floral Park Landscaping Co., Inc., Third-Party Defendant-Respondent.

Court of Appeals of the State of New York.

Decided July 15, 1976.

Attorney(s) appearing for the Case

Morton Povman, Abraham Fuchsberg, Edwin N. Weidman and Roger Bennet Adler for appellant.

E. Richard Rimmels, Jr., and Francis J. Healy for Long Island Lighting Company, defendant-respondent.

Roy L. Reardon, Kenneth A. Zitter and Rosalind M. Gordon for Floral Park Landscaping Co., Inc., defendant-respondent.

Chief Judge BREITEL and Judges JONES, WACHTLER and COOKE concur with Judge GABRIELLI; Judge JASEN dissents and votes to affirm on the memorandum at the Appellate Division (); Judge FUCHSBERG taking no part.

GABRIELLI, J.

While preparing to secure his position in a tall oak tree prior to trimming its branches, plaintiff, an employee of third-party defendant Floral Park Landscaping Co., Inc. (FPLC), came into contact with a 7,620 volt uninsulated power line maintained and owned by defendant Long Island Lighting Company (LILCO). As a consequence, he suffered severe burns and fell from the tree, causing him to sustain...

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