FINNIGAN v. ROCHESTER INSTITUTE OF TECHNOLOGY


277 A.D.2d 892 (2000)

716 N.Y.S.2d 214

MICHAEL A. FINNIGAN, Appellant, v. ROCHESTER INSTITUTE OF TECHNOLOGY, Respondent.

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

Decided November 13, 2000.


Order unanimously affirmed without costs.

Memorandum:

Supreme Court properly denied plaintiff's motion for partial summary judgment on the Labor Law § 240 (1) claim. We disagree, however, with the court's reasoning. Plaintiff sustained an electric shock while standing on a stepladder wiring light fixtures, and he fell from the stepladder. Although plaintiff lacerated his left arm, neither plaintiff nor the eyewitness to the accident could recall whether...

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