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BILBAO v. WESTINGHOUSE ELECTRIC CORP.

300 A.D.2d 23 (2002)

751 N.Y.S.2d 177

RODNEY BILBAO et al., Respondents, v. WESTINGHOUSE ELECTRIC CORP. et al., Appellants. SCHINDLER ELEVATOR CORP., Third-Party Plaintiff, v. MAINCO ELEVATOR CORP., Third-Party Defendant-Appellant.

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

Decided December 5, 2002.

Plaintiff Rodney Bilbao was a mechanic's helper, employed by third-party defendant-appellant Mainco Elevator Corp., to repair and maintain escalators. On April 9, 1993, plaintiff was attempting to replace a broken "comb" at the bottom of an escalator at Kennedy Airport when he was injured. Plaintiff did not shut the escalator off when he set about replacing the broken comb. Plaintiff removed the two screws that held the comb to the comb plate, and pried the comb section loose...

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