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MONTALVO v. NEW YORK AND PRESBYTERIAN HOSPITAL

4573, 105506/08.

82 A.D.3d 580 (2011)

919 N.Y.S.2d 18

ISRAEL MONTALVO, Respondent, v. NEW YORK AND PRESBYTERIAN HOSPITAL, Defendant, and THE TRUSTEES OF COLUMBIA UNIVERSITY IN THE CITY OF NEW YORK et al., Appellants.

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

Decided March 22, 2011.

Plaintiff was injured while attempting to replace a float and rod component in a condensate pump that was part of the heating system of a building. The pumping system was located in a six-foot-deep pit, covered with metal grating, in the floor of the machine room. Plaintiff was called in to make the repair when the heating system shut down after the pumps stopped working because the component had broken off. He activated a "draining mechanism" and, while the water receded...

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