GUERRERO v. COMMANDER ELEC., INC.

2016-09018, Index No. 25694/11.

170 A.D.3d 675 (2019)

93 N.Y.S.3d 591

2019 NY Slip Op 01570

Gabriel Guerrero, Appellant, v. Commander Electric, Inc., et al., Respondents, et al., Defendants. (And a Third-Party Action).

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

Decided March 6, 2019.


Ordered that the order is affirmed insofar as appealed from, with costs.

On February 1, 2011, the plaintiff was working at BJ's Wholesale Club (hereinafter BJ's) in Valley Stream. One of his duties that day was to inspect the fire extinguishers located near the backup generator. The backup generator was located in a fenced-in area outside the rear of the BJ's building. The plaintiff alleged that as he was walking inside...

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