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McSWEENEY v. ROCHESTER GAS & ELEC. CORP.

216 A.D.2d 878 (1995)

629 N.Y.S.2d 356

Joseph H. McSweeney et al., Respondents-Appellants, v. Rochester Gas & Electric Corporation, Appellant-Respondent

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

June 9, 1995

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court properly granted defendant's motion for summary judgment dismissing the Labor Law § 240 (1) cause of action. The injury allegedly sustained by Joseph H. McSweeney (plaintiff) did not result from "the extraordinary elevation risks envisioned by Labor Law § 240 (1)" (Rodriguez v Tietz...

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