Guodace v. AP Wagner, Inc.

Rose, J.P.

Appeal from an order of the Supreme Court (O’Connor, J.), entered February 1, 2011 in Albany County, which granted defendant’s motion for summary judgment dismissing the complaint.

Plaintiff, an employee of an electrical contractor, was injured in December 2007 while using defendant’s forklift truck to work on a telephone wire at defendant’s warehouse. In order to reach the wire as it ran along a ceiling beam, plaintiff raised the platform on the forklift so that its overhead safety bars were within three to five inches of the beam and brought the platform to a complete stop.…