CAMPBELL v. BARBARO ELEC. CO., INC.

2012-08200

116 A.D.3d 728 (2014)

984 N.Y.S.2d 79

2014 NY Slip Op 2405

MICHAEL CAMPBELL, Appellant, v. BARBARO ELECTRIC CO., INC., Respondent, et al., Defendants.

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

Decided April 9, 2014.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the motion of the defendant Barbaro Electric Co., Inc., which was for summary judgment dismissing so much of the complaint as alleged common-law negligence insofar as asserted against it is denied.

On November 12, 2006, the plaintiff, a sewage treatment worker employed by the Department of Environmental Protection (hereinafter DEP), was performing maintenance at...

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