WHEELER v. CITIZENS TELECOMMUNICATIONS COMPANY OF NEW YORK, INC.

507821.

71 A.D.3d 1218 (2010)

897 N.Y.S.2d 277

PAUL WHEELER et al., Plaintiffs, v. CITIZENS TELECOMMUNICATIONS COMPANY OF NEW YORK, INC., Defendant and Third-Party Plaintiff-Appellant, et al., Defendant. NEW YORK STATE ELECTRIC & GAS, Third-Party Defendant-Respondent.

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

Decided March 4, 2010.


Malone Jr., J.

Plaintiff Paul Wheeler (hereinafter plaintiff) sustained injuries when the utility pole he had climbed and was working on toppled. Defendants—Citizens Telecommunications Company of New York, Inc. and Time Warner NY Cable, Inc.—both leased space on the pole for their respective wires from third-party defendant, New York State Electric & Gas (hereinafter NYSEG).1 NYSEG had identified the pole in question...

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