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MANANGHAYA v. BRONX-LEBANON HOSPITAL CENTER

83953/13. 83819/13. 20191/13. 6720.

165 A.D.3d 117 (2018)

83 N.Y.S.3d 444

2018 NY Slip Op 06061

MALOU MANANGHAYA, as Administratrix of the Estate of TRISTAN MICHAEL MANANGHAYA, Deceased, et al., Appellants, v. BRONX-LEBANON HOSPITAL CENTER, Respondent/Second Third-Party Plaintiff, et al., Defendant/Third-Party Plaintiff. AGGREKO, LLC, Third-Party Defendant-Respondent/Second Third-Party Defendant-Respondent.

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

Decided September 13, 2018.

Attorney(s) appearing for the Case

Block O'Toole & Murphy, New York City ( David L. Scher and Christina Mercado of counsel), for appellants.

Ahmuty, Demers & McManus, New York City ( Glenn A. Kaminska and Nicholas M. Cardascia of counsel), for Bronx-Lebanon Hospital Center, respondent.

O'Connor Redd, LLP, Port Chester ( Steven M. O'Connor of counsel), for Aggreko, LLC, respondent.

RENWICK, J.P., MANZANET-DANIELS, MAZZARELLI and OING, JJ. concur.

OPINION OF THE COURT

Plaintiffs are the wife and children of decedent Tristan Michael Mananghaya, who was killed while performing work at Bronx Lebanon Hospital Center (the hospital). They seek to recover damages under the Labor Law for his death. The only issue on this appeal is whether the work he was performing constitutes...

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