BARROWMAN v. NIAGARA MOHAWK POWER CORP.


222 A.D.2d 1029 (1995)

636 N.Y.S.2d 245

Glenn R. Barrowman, Respondent, v. Niagara Mohawk Power Corporation, Appellant

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

December 22, 1995


Order unanimously affirmed with costs.

Memorandum:

Supreme Court properly granted plaintiff's motion for partial summary judgment on the Labor Law § 240 (1) cause of action. Plaintiff alleges that he was injured when he lost his balance while standing on a diagonal brace and fell some 12 feet to a concrete floor, striking his chest or ribs on a scaffolding plank as he fell. Defendant failed to come forward with evidence controverting plaintiff's version...

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