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OSORIO v. KENART REALTY, INC.

2010-2531 K C.

42 Misc.3d 5 (2013)

977 N.Y.S.2d 553

2013 NY Slip Op 23361

ANGEL OSORIO, Appellant, v. KENART REALTY, INC., et al., Defendants, and MADISON 45 COMPANY et al., Respondents.

Supreme Court, Appellate Term, Second Department.

Decided October 16, 2013.

Attorney(s) appearing for the Case

Jeffrey B. Melcer, PLLC, New York City ( Jeffrey B. Melcer of counsel), for appellant. Callan, Koster, Brady & Brennan, LLP, New York City ( Michael P Kandler of counsel), for Madison 45 Company, respondent. Marshall Conway Wright & Bradley, PC., New York City ( Lauren Turkel of counsel), for Pizza-Del, Inc., Doing Business as Eurostar Café and others, respondents.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the amended order and judgment are affirmed, without costs.

On January 24, 1998, plaintiff, an employee of EMO Mechanical Corp. (EMO), was working in the basement of defendants Pizza-Del, Inc., doing business as Eurostar Café and Pizza-Del and 45th Street Bake Corp., doing business as Eurostar Café (collectively Pizza-Del), using what he knew to be a highly flammable glue to affix aluminum panels...

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