Cricks v. Niagara Mohawk Power Corp.

Order unanimously affirmed with costs. Memoran*814dum: Plaintiff commenced this action to recover damages for injuries he sustained when he fell from a utility pole jointly owned by defendant and third-party defendant. Supreme Court properly granted plaintiff’s motion for partial summary judgment on liability on the Labor Law § 240 (1) cause of action and denied those parts of the cross motions of defendant and third-party defendant seeking summary judgment dismissing that cause of action. Plaintiff met his initial burden by submitting proof establishing that his injury was proximately caused by…