GANCARZ v. NEW YORK TELEPHONE CO, N.Y. App. Div., Judgment, Law, casemine.com

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PAUL GANCARZ et al., Appellants, v. NEW YORK TELEPHONE CO., A NYNEX COMPANY, Defendant, and CONSOLIDATED EDISON COMPANY OF NEW YORK, Respondent.

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.

GANCARZ v. NEW YORK TELEPHONE CO

PAUL GANCARZ et al., Appellants, v. NEW YORK TELEPHONE CO., A NYNEX COMPANY, Defendant, and CONSOLIDATED EDISON COMPANY OF NEW YORK, Respondent.

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