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VANONI v. STATE GAS & ELEC.

141 Misc.2d 680 (1988)

Fred Vanoni et al., Plaintiffs, v. New York State Gas and Electric Corporation et al., Defendants. Belt Services of Kentucky, Inc., Third-Party Plaintiff, v. Central Rigging & Contracting Corp., Third-Party Defendant.

Supreme Court, Niagara County.

November 1, 1988

Attorney(s) appearing for the Case

Smith, Keller, Hayes & Miner for plaintiffs. Phillips, Lytle, Hitchcock, Blaine & Huber for New York State Gas and Electric Corporation and others, defendants. Saperston & Day for Belt Services of Kentucky, Inc., defendant and third-party plaintiff. Damon & Morey for third-party defendant.

JOSEPH J. SEDITA, J.

This is a motion for summary judgment as to liability. Plaintiffs have brought suit pursuant to section 240 of the Labor Law. Plaintiff, an ironworker, was injured when he stepped from a scaffold onto a section of a "coal conveyor" which adjoined the scaffold upon which he was working.

Plaintiff and a fellow worker had installed a section of a fire wall just prior to the accident...

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