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

508780.

74 A.D.3d 1622 (2010)

905 N.Y.S.2d 293

PAUL WHEELER et al., Appellants, v. CITIZENS TELECOMMUNICATIONS COMPANY OF NEW YORK, INC., Defendant, and TIME WARNER NY Cable, INC., Respondent. (And a Third-Party Action.)

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

Decided June 17, 2010.

Malone Jr., J.

Defendant Citizens Telecommunications Company of New York, Inc. contracted with the employer for plaintiff Paul Wheeler (hereinafter plaintiff) to transfer Citizens' telephone wires from a defective utility pole to a new pole and to remove the defective pole. Plaintiff climbed the defective pole and was in the process of transferring Citizens' wires when the defective pole fell over, injuring plaintiff. Also...

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