CALLEA v. NIAGARA MOHAWK POWER CORPORATION (1998)

Supreme Court, Appellate Division, Fourth Department, New York.

Ronald CALLEA and Lynette Callea, Appellants, v. NIAGARA MOHAWK POWER CORPORATION, Respondent.

Decided: October 02, 1998

PRESENT: DENMAN, P.J., PINE, WISNER, BALIO and FALLON, JJ.

Lewis & Lewis, P.C., by Allan Lewis, Buffalo, for Plaintiffs-Appellants. Hagerty & Brady, by Laurie Giordano, Buffalo, for Defendant-Respondent.

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 A.D.2d 1002, 1003, 674 N.Y.S.2d 240).

Order and judgment unanimously affirmed without costs.

MEMORANDUM:

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