Zirkel v. Frontier Communications of America, Inc.

Appeal from an order of the Supreme Court (Dowd, J.), entered April 25, 2005 in Chenango County, which, inter alia, granted defendants’ cross motion for summary judgment dismissing the complaint.

Plaintiff Edward Zirkel (hereinafter plaintiff) was injured when, in the course of his employment of removing old. utility poles, one of the poles toppled over from its vertical position striking him in the head and shoulder. He and his wife, *1189derivatively, sued the owners of the pole claiming negligence and violations of various Labor Law provisions. At issue on this appeal is an order of Supreme…