NATALE v. NIAGARA MOHAWK POWER CORP.


135 A.D.2d 955 (1987)

Amelia Natale, as Administratrix of The Estate of Samuel Natale, Deceased, Respondent-Appellant, v. Niagara Mohawk Power Corporation, Defendant, and New York Telephone Company, Appellant-Respondent

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

December 17, 1987


Kane, J.

In this wrongful death action the following facts were elicited at trial. On June 25, 1981 while decedent, a 57-year-old truck driver, was driving his tractor trailer, it came into contact with an aerial cable owned by defendant New York Telephone Company (hereinafter NYT) strung across utility poles. As a result of this contact, one of the utility poles, along with other cable wires, fell onto the trailer portion of decedent's vehicle. One of...

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