KAFFKE v. NEW YORK STATE ELECTRIC & GAS CORPORATION


257 A.D.2d 840 (1999)

685 N.Y.S.2d 305

FRED A. KAFFKE, Respondent, v. NEW YORK STATE ELECTRIC & GAS CORPORATION, Appellant and Third-Party Plaintiff. HERBERT INDUSTRIAL INSULATION, INC., Appellant and Third-Party Defendant. (And a Fourth-Party Action.)

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

Decided January 14, 1999.


Carpinello, J.

In November 1994, plaintiff was working as a welder at a power station owned by defendant. Although his job at times consisted of elevation-related tasks, plaintiff could not be fitted with an available on-site safety belt due to his weight, which at that time was approximately 350 pounds. After several attempts to order a safety belt in plaintiff's size, one was finally obtained. On the day the belt was...

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