Palmer v. All-tel New York, Inc.

Order unanimously reversed on the law without costs, defendant’s motion granted, cross motion for partial summary judgment denied and cross motion for leave to amend the complaint granted. Memorandum: Supreme Court erred in denying the motion of defendant, Alltel New York, Inc. (Alltel), for summary judgment and granting the cross motion of plaintiffs for partial summary judgment on the issue of liability under Labor Law § 240 (1) and § 241. Lonnie R. Palmer (plaintiff) was injured when, during the course of his employment with third-party defendant Niagara Mohawk Power Corporation (Niagara…