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BETTINESCHI v. HEALY ELECTRIC CONTRACTING, INC.

2009-08193.

73 A.D.3d 1109 (2010)

902 N.Y.S.2d 597

FRANK A. BETTINESCHI et al., Respondents, v. HEALY ELECTRIC CONTRACTING, INC., Defendant/Third-Party Plaintiff-Appellant-Respondent. BELLWAY ELECTRICAL, Third-Party Defendant-Appellant.

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

Decided May 25, 2010.

Ordered that the order is affirmed, with one bill of costs to the plaintiffs-respondents.

The data control center of the injured plaintiff's workplace was being updated by the defendant Healy Electric Contracting, Inc. (hereinafter Healy), and the third-party defendant, Bellway Electrical (hereinafter Bellway), with fiber optic and copper cables placed in channels under the floor. The floor was covered with 18-inch square tiles approximately 15 inches above the subfloor...

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