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MILLS v. NIAGARA MOHAWK POWER CORPORATION

262 A.D.2d 901 (1999)

692 N.Y.S.2d 493

FRANK P. MILLS, Respondent-Appellant, v. NIAGARA MOHAWK POWER CORPORATION, Appellant-Respondent, and SMITH & SMITH CONTRACTORS, INC., Defendant and Third-Party Plaintiff-Respondent-Appellant. CONTEL OF NEW YORK, INC., Third-Party Defendant-Respondent-Appellant.

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

Decided June 24, 1999.

Carpinello, J.

Pursuant to a general utility contract with third-party defendant, Contel of New York, Inc., defendant Smith & Smith Contractors, Inc. installed four new utility poles and cables on property located in Warren County. Thereafter, plaintiff, a telephone linesman employed by Contel, climbed a 24-foot extension ladder as part of his job of removing telephone wires from an existing pole owned jointly by Contel and defendant Niagara Mohawk Power Corporation...

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