COSTA v. MT. HOPE ASPHALT CORP.


26 A.D.3d 213 (2006)

810 N.Y.S.2d 445

ANTHONY COSTA et al., Appellants, v. MT. HOPE ASPHALT CORP. et al., Defendants, and EXPRESS ELECTRIC COMPANY, INC., et al., Respondents. (And a Third-Party Action.)

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

February 14, 2006.


On the day of the accident, plaintiff was in charge of firing up the burner of his employer's paving plant. When the burner would not ignite, defendant Charles Luccarelli, the principal of Express Electric, who had originally installed the burner and had an ongoing relationship with its repair, was summoned to ascertain and fix the problem. Luccarelli, who went to the control room while plaintiff returned to the burner, allegedly told plaintiff to move away from the burner...

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