PALMER v. ALLTEL NEW YORK, INC.


227 A.D.2d 914 (1996)

643 N.Y.S.2d 792

Lonnie R. Palmer et al., Respondents-Appellants, v. Alltel New York, Inc., Appellant-Respondent and Third-Party Plaintiff. Niagara Mohawk Power Corporation, Third-Party Defendant-Appellant-Respondent

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

May 31, 1996


Order unanimously reversed on the law without costs, defendant's motion granted, cross motion for partial summary judgment denied and cross motion for leave to amend the complaint granted.

Memorandum:

Supreme Court erred in denying the motion of defendant, Alltel New York, Inc. (Alltel), for summary judgment and granting the cross motion of plaintiffs for partial summary judgment on the issue of liability under Labor Law § 240 (1) and § 241. Lonnie...

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