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MIKCOVA v. ALPS MECHANICAL, INC.

34 A.D.3d 769 (2006)

825 N.Y.S.2d 130

OLGA MIKCOVA, Respondent, v. ALPS MECHANICAL, INC., Appellant. (And a Third-Party Action.)

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

Decided November 28, 2006.

Ordered that the order is reversed, on the law, with costs, and the motion for summary judgment dismissing the complaint is granted.

This action to recover damages for personal injuries arises out of an accident on July 11, 1999 at Public School 167 in Brooklyn. The plaintiff, an employee of subcontractor National Environmental Safety Co., was working as a licensed asbestos handler in the school. While working in the basement...

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