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WILKE v. COMMUNICATIONS CONSTRUCTION GROUP, INC.

274 A.D.2d 473 (2000)

711 N.Y.S.2d 784

GARY WILKE, Appellant, v. COMMUNICATIONS CONSTRUCTION GROUP, INC., Sued Herein as COMMUNICATIONS GROUP OF WESTCHESTER, PA., Defendant and Third-Party Plaintiff-Respondent. NORTHEAST AERIAL CONSTRUCTION, INC., Third-Party Defendant-Respondent.

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

Decided July 17, 2000.

Ordered that the plaintiff's notice of appeal from a decision dated December 21, 1998, is deemed a premature notice of appeal from the judgment; and it is further,

Ordered that the judgment is affirmed, with one bill of costs.

Based upon the stipulated facts, the Supreme Court properly determined that the plaintiff did not possess a viable cause of action pursuant to Labor Law § 241 (6). The first Industrial...

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