WICKS v. TRIGEN-SYRACUSE


64 A.D.3d 75 (2009)

877 N.Y.S.2d 791

GARRY WICKS, Respondent, v. TRIGEN-SYRACUSE ENERGY CORPORATION, Appellant.

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

Decided May 1, 2009.


Attorney(s) appearing for the Case

Walsh & Wilkins, Buffalo (Christopher E. Wilkins of counsel), for appellant.

Stanley Law Offices, LLP, Syracuse (Robert A. Quattrocci of counsel), for respondent.

SCUDDER, P.J., SMITH and PINE, JJ., concur with CENTRA, J. FAHEY, J., dissents in part in a separate opinion.


OPINION OF THE COURT

CENTRA, J.

I

The primary issue on this appeal is whether plaintiff was engaged in "cleaning" under Labor Law § 240 (1) at the time of the accident. We conclude that he was not and thus that Supreme Court erred in granting plaintiff's motion for partial summary judgment on liability with respect to the Labor Law § 240 (1) claim and in denying that part of defendant's cross motion for summary judgment dismissing that...

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