Appellate Division of the Supreme Court of New York, 1998

Callea v. Niagara Mohawk Power Corp.

Callea v. Niagara Mohawk Power Corp.
Appellate Division of the Supreme Court of New York · Decided October 2, 1998
254 A.D.2d 696; 677 N.Y.S.2d 862; 1998 N.Y. App. Div. LEXIS 10355
Callea v. Niagara Mohawk Power Corp.

Opinion of the Court

Order and judgment unanimously affirmed without costs. Memorandum: Plaintiff Ronald Callea was removing tree limbs that interfered with a high voltage power line when he fell from the tree and sustained serious injuries. The work being performed by him was not “ ‘necessary and incidental to or an integral part’ of a protected activity involving a building or structure under Labor Law § 240 (1)” (McGregor v Bravo, 251 AD2d 1002, 1003). (Appeal from Order and Judgment of Supreme Court, Erie County, Whelan, J. — Summary Judgment.) Present — Denman, P. J., Pine, Wisner, Balio and Fallon, JJ.

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