RIVERS v. ATOMIC EXTERMINATING CORP.


210 A.D.2d 134 (1994)

621 N.Y.S.2d 282

Joel Rivers, Respondent, v. Atomic Exterminating Corporation, Appellant, et al., Defendants. Atomic Exterminating Corporation, Third-Party Plaintiff-Appellant, v. Manhattan and Bronx Surface Transit Operating Authority, Third-Party Defendant-Respondent, et al., Third-Party Defendants. Atomic Exterminating Corporation, Second Third-Party Plaintiff-Appellant, et al., Second Third-Party Defendants

Appellate Division of the Supreme Court of the State of New York, First Department.

December 20, 1994


Movant was retained by plaintiff's employer to provide exterminating services to the 54th Street Bus depot. Shortly after the extermination procedure occurred, numerous Manhattan and Bronx Surface Transit Operating Authority employees required hospitalization due to exposure to noxious fumes. Plaintiff, who worked as a security guard, suffered symptoms two days later, allegedly as a result of the improper application of the insecticides...

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