BONAPARTE v. NIAGARA MOHAWK POWER CORP.


188 A.D.2d 853 (1992)

Joseph Bonaparte, Appellant, v. Niagara Mohawk Power Corporation et al., Respondents

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

December 17, 1992


Mercure, J.

Plaintiff commenced this action to recover for injuries he sustained when his foot became entangled in an electrical cable and he fell backward onto the surface of his work site, an elevated scaffold. Following discovery, the parties cross-moved for partial summary judgment on the issue of defendants' liability under Labor Law § 240 (1). Supreme Court denied the motion and cross motion and plaintiff appeals.*

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