Vanderwiele v. Steiglehner

Appeal from an order of the Supreme Court (Meddaugh, J.), entered February 25, 2004 in Sullivan County, which granted defendant’s cross motion for summary judgment dismissing the complaint.

Plaintiff John L. Vanderwiele (hereinafter plaintiff) was employed by Liberty Pest Control, which had contracted with defendant to exterminate cluster flies that had infested its premises. In the course of spraying insecticide on the exterior of the building, he fell from a ladder and injured his back. Plaintiff *959and his wife, derivatively, commenced this action alleging, among other things, a violation of…