SMITH v. NY ELEC. & GAS CORP.


189 A.D.2d 19 (1993)

Ronald C. Smith et al., Appellants, v. New York State Electric & Gas Corporation et al., Respondents

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

March 11, 1993


Attorney(s) appearing for the Case

John Young, Binghamton (Alfred Paniccia, Jr., of counsel), for appellants.

Kathleen C. Sassani, Syracuse (Thomas N. Kaufmann of counsel), for respondents.

WEISS, P. J., MERCURE and CREW III, JJ., concur with CASEY, J.; HARVEY, J., dissents in a separate opinion.


CASEY, J.

In May 1989, plaintiff Ronald C. Smith (hereinafter plaintiff), an ironworker employed by Minnotte Contracting Corporation, sustained injuries at a job involving the demolition and refurbishing of a coal-handling system at an electricity-generating plant owned by defendant New York State Electric & Gas Corporation. At the time of his injury, plaintiff was one of several ironworkers engaged in the...

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