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BUCKLEY v. COLUMBIA GRAMMAR

44 A.D.3d 263 (2007)

841 N.Y.S.2d 249

SCOTT BUCKLEY et al., Appellants, v. COLUMBIA GRAMMAR AND PREPARATORY et al., Respondents. KALIKOW CONSTRUCTION, INC., Third-Party Plaintiff-Respondent, v. KONE INC., Doing Business as MONTGOMERY COHEN ELEVATOR CO., Third-Party Defendant-Respondent.

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

August 16, 2007.

Attorney(s) appearing for the Case

Sacks and Sacks, LLP, New York City (Scott N. Singer of counsel), for appellants.

Cerussi & Spring, P.C., White Plains (Richard D. Bentzen of counsel), for Columbia Grammar and Preparatory, respondent.

Law Office of Carol R. Finocchio, New York City (Lisa M. Comeau of counsel), and Law Office of Michael F.X. Manning, Melville, for Kalikow Construction, Inc., respondent.

DLA Piper Rudnick Gray Cary US, LLP, New York City (Gregory J. Samurovich of counsel), for Kone Inc., respondent.

MARLOW, BUCKLEY and GONZALEZ, JJ., concur with SULLIVAN, J.; MAZZARELLI, J.P., dissents in part in a separate opinion.

OPINION OF THE COURT

SULLIVAN, J.

This lawsuit arises from an accident on July 21, 2001, at Columbia Grammar and Preparatory School in Manhattan when plaintiff Scott Buckley was injured while he and a coworker were testing the operation of a car platform in the course of installing a new elevator, part of a renovation project at the school.

The injured plaintiff was an elevator mechanic's helper employed...

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