In Ackley v. New York State Elec. and Gas Corp. (8 AD3d 941 [2004]), the motion court's order granting summary judgment dismissing the complaint was affirmed upon a finding that moving defendant, which was sued solely as the joint owner of the utility pole from which plaintiff, an employee of the co-owner who was injured in a fall while on ladder installing an additional service line for the pole's co-owner, was unaware that the work was being done and owned none of the equipment being installed (Id. at 942). Although the court found "that the complaint was properly dismissed since defendant was not the owner of the telephone box being altered or the telephone line being added", its holding is further qualified by its finding that defendant "did not otherwise act in the capacity of an owner with respect to the equipment being utilized or the work being performed" (Id.)