WOLF v. ELEC. & GAS CORP.


142 Misc.2d 774 (1989)

William H. Wolf et al., Plaintiffs, v. New York State Electric and Gas Corporation et al., Defendants.

Supreme Court, Niagara County.

February 21, 1989


Attorney(s) appearing for the Case

Damon & Morey (Anthony J. Colucci of counsel), for defendants. Lipsitz, Green, Fahringer, Roll, Schuller & James (James W. Kirkpatrick of counsel), for plaintiffs.


JOSEPH J. SEDITA, J.

This is a motion for summary judgment on behalf of the defendants herein. Plaintiff was allegedly injured when a truck upon which he was riding hit a pothole. Plaintiff alleges violation of sections 200 and 241 of the Labor Law. Said provisions impose an obligation to maintain a safe work place.

This motion turns on whether or not the road upon which the accident allegedly took place can be fairly characterized as an integral...

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