PEREZ v. MORSE DIESEL, INC.


258 A.D.2d 428 (1999)

685 N.Y.S.2d 723

LUIS T. PEREZ, Appellant, v. MORSE DIESEL, INC., Respondent and Third-Party Plaintiff-Respondent. BRONX-LEBANON HOSPITAL CENTER, INC., Third-Party Defendant-Respondent.

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

Decided February 25, 1999.


Defendant Morse Diesel satisfied its burden of proof that it owed no duty to plaintiff and that its alleged negligence was not a proximate cause of plaintiff's injuries. Defendant's submissions, corroborated by the Hospital, established that neither it nor its subcontractors performed work in the immediate vicinity of plaintiff's accident, that it completed its work six months before the accident occurred and removed its own debris from the premises at that time, and that...

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