XHIKA v. TRIZECHAHN REGIONAL POOLING, LLC


49 A.D.3d 719 (2008)

854 N.Y.S.2d 449

XHEMAL XHIKA et al., Respondents, v. TRIZECHAHN REGIONAL POOLING, LLC, et al., Defendants, and CHEMICAL WEEK ASSOCIATES, LLC, et al., Appellants. (And a Third-Party Action.)

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

Decided March 18, 2008.


Ordered that the order is reversed, on the law, with costs, and the appellants' motion for summary judgment dismissing the complaint insofar as asserted against them is granted.

The injured plaintiff was pulling out a large garbage bag from a bin during the course of his employment as a janitor when he felt pain in his back and fell. The injured plaintiff alleged that the large garbage bag, which consisted of trash that he had collected from cubicle refuse bins of...

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