BETTERIDGE v. TOPS MARKETS, INC.


292 A.D.2d 763 (2002)

739 N.Y.S.2d 326

ERIC S. BETTERIDGE, Respondent, v. TOPS MARKETS, INC., Appellant.

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

Decided March 15, 2002.


It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs, the motion is denied, the cross motion is granted and the Labor Law § 240 (1) claim is dismissed.

Memorandum:

Plaintiff commenced this action seeking damages for injuries he sustained while replacing a surveillance camera unit mounted at the top of a 30- to 40-foot pole in a parking lot owned by defendant. Supreme Court erred in...

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