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HETTICH v. 125 EAST 50TH STREET CO., LLC

11113, 116525/07

116 A.D.3d 525 (2014)

984 N.Y.S.2d 31

2014 NY Slip Op 2532

BRIAN HETTICH, Appellant, v. 125 EAST 50TH STREET CO., LLC, et al., Respondents. (And a Third-Party Action.)

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

Decided April 15, 2014.

Plaintiff was not injured by a dangerous condition that he had undertaken to fix (see Wray v 654 Madison Ave. Assoc., 253 A.D.2d 394 [1st Dept 1998]). He was working on the replacement of a controller for a dumbwaiter; he was injured when the dumbwaiter's hoist cable broke, causing the dumbwaiter (with plaintiff inside) to plunge 40 feet. The limited maintenance contract between defendants and plaintiff's employer, third-party defendant...

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