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BADALAMENTI v. CITY OF NEW YORK

3313, 26464/03.

78 A.D.3d 566 (2010)

913 N.Y.S.2d 147

VINCENZO BADALAMENTI et al., Respondents-Appellants, v. CITY OF NEW YORK et al., Defendants, and G.A.L. MANUFACTURING CORPORATION, Appellant-Respondent.

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

Decided November 23, 2010.

Plaintiff Vincenzo Badalamenti, an elevator mechanic's helper employed by nonparty Nouveau Elevator, was injured on April 7, 2003 while working on an elevator car at Lincoln Hospital. Plaintiff needed to turn off the power to two elevator cars to install an electrical cover underneath one of the cars. Plaintiff testified at his deposition that he thought he had put the safety pit switch on each car in the down position, which would...

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