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KEARNEY v. DYNEGY, INC.

2014-10487. Index Nos. 11060/10, 7938/12.

151 A.D.3d 1037 (2017)

57 N.Y.S.3d 520

2017 NY Slip Op 05209

LOUIS KEARNEY, Appellant, v. DYNEGY, INC., et al., Defendants/Third-Party Plaintiffs-Respondents. F.T. SILFIES, INC., Third-Party Defendant-Respondent. (Action No. 1.) LOUIS KEARNEY, Appellant, v. F.T. SILFIES, INC., Respondent. (Action No. 2.)

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

Decided June 28, 2017.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs payable to the respondents appearing separately and filing separate briefs.

The plaintiff fell while working at an electric power plant owned by Dynegy Danskammer, LLC (hereinafter Dynegy Danskammer). The plaintiff's employer, nonparty Pozament Corporation, had been hired as an independent contractor to remove fly ash, a waste by-product of coal combustion, from the plant. Fly ash...

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