Gancarz v. New York Telephone Co.

Full title: PAUL GANCARZ et al., Appellants, v. NEW YORK TELEPHONE CO., A NYNEX…

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

Date published: Jan 25, 1999

257 A.D.2d 645 (N.Y. App. Div. 1999)

682 N.Y.S.2d 630

Opinion

January 25, 1999.

Appeal from the Supreme Court, Kings County (Vinik, J.).

Ordered that the order is affirmed, with costs.

The injured plaintiff, an employee of Time Warner Cable Corp., was replacing a cable. The ladder on which he was standing was resting against a wire strand. The ladder fell, propelling the injured plaintiff to the ground and causing him to sustain injuries. Neither the cable that the injured plaintiff was replacing nor the wire he rested his ladder against was owned by the defendant Consolidated Edison Company of New York. Accordingly, the court properly awarded summary judgment to that defendant ( see, Fuller v. Niagara Mohawk Power Corp., 213 A.D.2d 986; see also, Brennan v. 3785 S. Park, 242 A.D.2d 929).

Mangano, P. J., O'Brien, Krausman and Goldstein, JJ., concur.