PUGLIANO v. MORSE DIESEL INTERNATIONAL, INC.


36 A.D.3d 484 (2007)

828 N.Y.S.2d 337

JOAN PUGLIANO, Respondent, v. MORSE DIESEL INTERNATIONAL, INC., et al., Respondents, and GLOBEGROUND NORTH AMERICA LLC, Formerly Known as HUDSON GENERAL, LLC, Sued Herein as HUDSON GENERAL CORP., Appellant. (And a Third-Party Action.)

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

Decided January 16, 2007.


The motion court erred in denying defendant GlobeGround's motion for summary judgment. The record establishes that defendant's obligation to monitor and maintain ventilation equipment did not give rise to a duty to monitor the air coming out of the equipment, or to ensure the air quality inside the terminal. It is undisputed that GlobeGround's employees had nothing to do with the placement of Morse's generators near the air intakes, and there was no evidence that GlobeGround...

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