ANDERSON v. OLYMPIA & YORK TOWER B COMPANY


14 A.D.3d 520 (2005)

789 N.Y.S.2d 190

MICHAEL ANDERSON, Appellant, v. OLYMPIA & YORK TOWER B COMPANY, Sued Herein as OLYMPIA & YORK BATTERY PARK COMPANY, Defendant and Third-Party Plaintiff-Respondent. KELLY TRANE SERVICE COMPANY, Third-Party Defendant-Respondent.

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

January 18, 2005


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

The plaintiff, an air-conditioning technician, was injured when he hit his hip against an air-handling unit as he attempted to climb on top of it in order to replace worn-out bearings. The work performed by the plaintiff at the time of the accident involved the replacement of worn-out parts in a nonconstruction and nonrenovation context, and did not constitute "erection, demolition, repairing, altering, painting...

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