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BEVILACQUA v. BLOOMBERG, L.P.

70 A.D.3d 411 (2010)

895 N.Y.S.2d 347

OTTAVIANO BEVILACQUA et al., Respondents, v. BLOOMBERG, L.P., Appellant-Respondent, SCALES INDUSTRIAL TECHNOLOGIES, INC., Sued Herein as SCALES INDUSTRIES TECHNOLOGIES, INC., Respondent-Appellant, and QUINCY COMPRESSOR, Appellant. (And a Third-Party Action.) SCALES INDUSTRIAL TECHNOLOGIES, INC., Second Third-Party Plaintiff-Respondent, v. QUINCY COMPRESSOR, Second Third-Party Defendant-Appellant. SCALES INDUSTRIAL TECHNOLOGIES, INC., Third Third-Party Plaintiff-Respondent, v. COLTEC INDUSTRIES, INC., Third Third-Party Defendant-Appellant.

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

Decided February 2, 2010.

Plaintiff Ottaviano Bevilacqua was injured when, while working for his employer American Building Maintenance (ABM), he slipped and fell on oil located on the floor near two air compressors in a chiller plant owned by Bloomberg. According to plaintiff, an internal oil leak in one of the air compressors caused oil to leak onto the floor. ABM provided engineering services at the building pursuant to a service maintenance contract...

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