MILLS v. NIAGARA MOHAWK POWER CORP.


216 A.D.2d 828 (1995)

628 N.Y.S.2d 857

Frank P. Mills, Respondent, v. Niagara Mohawk Power Corporation, Defendant, and Smith & Smith Contractors, Inc., Appellant

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

June 29, 1995


Cardona, P. J.

Plaintiff was a lineman with Continental Telephone Company. He alleges that he sustained injuries in a fall on August 22, 1989 from a utility pole owned and maintained by defendant Niagara Mohawk Power Corporation (hereinafter NiMo) after receiving an electric shock transmitted from a nearby pole which had been recently installed by defendant Smith & Smith Contractors, Inc. (hereinafter defendant).

Plaintiff commenced this personal...

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