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BARROWMAN v. NIAGARA MOHAWK POWER CORP.

252 A.D.2d 946 (1998)

675 N.Y.S.2d 734

Glenn R. Barrowman, Respondent, v. Niagara Mohawk Power Corporation, Appellant. (Appeal No. 1.)

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

July 8, 1998

Judgment unanimously affirmed without costs.

Memorandum:

Plaintiff was injured when he lost his balance while standing on a diagonal brace and fell approximately 12 feet to a concrete floor, striking a scaffolding plank as he fell. On a prior appeal, we affirmed the order of Supreme Court granting plaintiff's motion for partial summary judgment on the Labor Law § 240 (1) cause of action (Barrowman v Niagara Mohawk Power Corp.,

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