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CREESE v. LONG ISLAND LIGHTING COMPANY

2010-10167, 2010-10850.

98 A.D.3d 708 (2012)

950 N.Y.S.2d 167

2012 NY Slip Op 6058

LINCOLN CREESE et al., Appellants-Respondents, v. LONG ISLAND LIGHTING COMPANY, Defendant, KEYSPAN GENERATION, LLC, Defendant/Third-Party Plaintiff-Respondent-Appellant, MARKETSPAN GENERATION, LLC, et al., Respondents-Appellants, and FLAG ATLANTIC USA LIMITED, Defendant/Third-Party Defendant-Respondent-Appellant. FLAG TELECOM NETWORK USA LIMITED et al., Third-Party Defendants-Respondents-Appellants.

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

Decided August 29, 2012.

Ordered that the order dated June 10, 2010, is affirmed insofar as appealed and cross-appealed from, without costs or disbursements; and it is further,

Ordered that the order dated August 23, 2010, is affirmed insofar as appealed from, without costs or disbursements.

The plaintiff Lincoln Creese (hereinafter the injured plaintiff), who was employed as a carpenter by general contractor Roy Kay, Inc., at the time of the subject accident, allegedly was injured...

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