Wheeler v. Citizens Telecommunications Co. of New York, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtMalone Jr., J.
Appeal from an order of the Supreme Court (Dowd, J.), entered March 31, 2009 in Chenango County, which, among other things, granted a motion by defendant Time Warner NY Cable, Inc. for summary judgment dismissing the complaint against it.
*1623Defendant Citizens Telecommunications Company of New York, Inc. contracted with the employer for plaintiff Paul Wheeler (hereinafter plaintiff) to transfer Citizens’ telephone wires from a defective utility pole to a new pole and to remove the defective pole. Plaintiff climbed the defective pole and was in the process of transferring Citizens’ wires when the…
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