Fernet v. Niagara Mohawk Power Corp.

—White, J.

Appeal from an order of the Supreme Court (Plumadore, J.), entered May 10, 1994 in Saratoga County, which denied plaintiffs’ motion for partial summary judgment on the issue of liability.

Plaintiffs commenced this personal injury action to recover damages and derivative losses they allegedly incurred as the result of a work-related injury plaintiff George Fernet sustained when he fell from a platform that was about eight feet above the floor of the building in which he was working that was owned by defendant. Following some discovery, plaintiffs moved for partial summary judgment on…