PATRICK v. BALLY'S TOTAL FITNESS


292 A.D.2d 433 (2002)

739 N.Y.S.2d 186

DERYCK PATRICK, Appellant, v. BALLY'S TOTAL FITNESS, Defendant and Third-Party Plaintiff-Respondent. COVERALL CLEANING CONCEPTS, Third-Party Defendant-Respondent.

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

Decided March 11, 2002.


Ordered that the order is affirmed, with one bill of costs.

The plaintiff fell through a metal grate into a drainage pit while working as a janitor at the defendant Bally's Total Fitness (hereinafter Bally). The plaintiff was an employee of a franchisee of the third-party defendant cleaning service (hereinafter Coverall). The Supreme Court granted the separate motions for summary judgment of Bally and Coverall, and we affirm.

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