Ray v. Niagara Mohawk Power Corp.

Pine, J. P., and Balio, J.

(dissenting in part). We respectfully dissent in part. The record establishes that plaintiff climbed a utility pole in order to work on a tap on a cable television line. Plaintiff was equipped with a climbing belt, or safety belt, and gaffs that were attached to each leg. Plaintiff testified at his pretrial deposition that, as he ascended the pole, he inserted each gaff firmly into the pole to make sure it was secure before taking the next step. As plaintiff worked on the tap while secured to the utility pole, the gaff that was attached to his left leg came loose…