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VILLALTA v. CONSOLIDATED EDISON CO. OF N.Y., INC.

150166/18. Appeal No. 14237. Case No. 2021-00144.

197 A.D.3d 1078 (2021)

154 N.Y.S.3d 61

2021 NY Slip Op 05183

Robert V. Villalta, Appellant, v. Consolidated Edison Company of New York, Inc., Defendant, and Verizon New York Inc. et al., Respondents.

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

Decided September 30, 2021.

Attorney(s) appearing for the Case

Law Office of Stefano A. Filippazzo, P.C., Brooklyn ( Louis A. Badolato of counsel), for appellant.

Lewis Brisbois Bisgaard & Smith LLP, New York ( Nicholas Hurzeler of counsel), for respondents.

Concur— Manzanet-Daniels, J.P., Kern, Oing, Rodriguez, Higgitt, JJ.

Plaintiff, a cable-service repairman employed by a nonparty cable company, seeks to recover damages for injuries he allegedly sustained in a fall from the ladder he had propped up against a telephone pole owned by Verizon while he was inspecting storm-damaged cable equipment supported by the pole.

While the telephone pole is a structure withing the meaning of Labor Law § 240(1), and plaintiff's work replacing the damaged cable equipment and reconfiguring its...

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