McCLOUD v. ROCHESTER GAS & ELEC. CORP.


203 A.D.2d 923 (1994)

611 N.Y.S.2d 410

Wilbur McCloud et al., Appellants, v. Rochester Gas & Electric Corporation, Respondent

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

April 15, 1994


Order modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Plaintiff Wilbur McCloud sustained injury when the metal cap on top of the utility pole he was removing dislodged and struck him on the head. The work necessary to prepare the pole for its removal by plaintiff had been performed by defendant's crew at a height of over 20 feet.

Supreme Court erred in denying plaintiffs' motion for partial summary judgment on...

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