MARTINEZ v. CITY OF NEW YORK

2009-02590.

73 A.D.3d 999 (2010)

900 N.Y.S.2d 757

JOSE MARTINEZ, Plaintiff, v. CITY OF NEW YORK et al., Defendants, INTERSTATE INDUSTRIAL CORPORATION, Respondent, and GSF ENERGY, LLC, et al., Appellants. (And a Third-Party Action.)

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

Decided May 18, 2010.


Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff allegedly was injured at the Fresh Kills landfill in Staten Island when he fell from an elevated horizontal gas pipe on which he stood, while attempting to manually close a valve wheel at one of the landfill's "flare stations," where recovered gas from the landfill was burned. Several years prior to the plaintiff's accident, the flare station had been assembled by the defendant...

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