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CRICKS v. NIAGARA MOHAWK POWER CORPORATION

278 A.D.2d 813 (2000)

718 N.Y.S.2d 537

MICHAEL J. CRICKS, Respondent, v. NIAGARA MOHAWK POWER CORPORATION, Appellant and Third-Party Plaintiff. ALLTEL NEW YORK, INC., Third-Party Defendant-Appellant.

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

Decided December 27, 2000.

Order unanimously affirmed with costs.

Memorandum: Plaintiff commenced this action to recover damages for injuries he sustained when he fell from a utility pole jointly owned by defendant and third-party defendant. Supreme Court properly granted plaintiff's motion for partial summary judgment on liability on the Labor Law § 240 (1) cause of action and denied those parts of the cross motions of defendant and third-party...

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