Lessard v. Niagara Mohawk Power Corp.

—Order unanimously affirmed without costs. Memorandum: Plaintiff, a track loader operator employed by third-party defendant, Tuscarora Construction Co., Inc. (Tuscarora), the general contractor on a construction project at a site owned by defendant-third-party defendant, Niagara Mohawk Power Corporation (Niagara Mohawk), was injured when he stepped from the cab of the front end loader that he was operating onto the tracks of the loader, in order to latch the door. Plaintiff slipped on the tracks of the loader and fell approximately 4V2 feet to the ground below, sustaining back and leg…