Angelo J. Bongiorno was successful in obtaining summary judgment dismissing the plaintiff’s complaint and all cross-claims against the Verizon entities.
The plaintiff, Aponte, fell from a ladder while installing a new cable service line to an existing cable “tap” located on a cable strand adjacent to 12 Squaw Lane, Mastic, New York. The plaintiff was employed by Tri-Wire Engineering Solutions, Inc., as a Cable Line Technician. He ascended the utility pole via a ladder and fell as a result of an improperly secured ladder to the cable strand.
The Honorable Justice Roy S. Mahon found that the sole proximate cause of the alleged occurrence was the actions of the plaintiff without any involvement or supervision by the defendants and granted defendant’s motion for summary judgment dismissing the plaintiff’s claims of violations of Labor Law 240(1), 241(6) and 200 as well as plaintiff’s claims of negligence and all cross-claims against the defendants. In addition, the plaintiff’s motion for summary judgment on plaintiff’s claims of violations of Labor Law 240(1) and 241(6) was Denied.
