DEMETRO v. DORMITORY AUTH. OF THE STATE OF N.Y.

7241, Nos. 16277/06, 86001/07, 83793/09, 83990/10.

170 A.D.3d 437 (2019)

96 N.Y.S.3d 30

2019 NY Slip Op 01642

Louis Demetro et al., Respondents, v. Dormitory Authority of the State of New York et al., Respondents, and The Cannon Corporation, Doing Business as Cannon Design, Appellant, et al., Defendants. (And Third-Party Actions.)

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

Decided March 7, 2019.


Plaintiff Louis Demetro seeks to recover for injuries he sustained at work in the boiler room of Jacobi Medical Center when an angle iron that had been affixed to the cover of a cleanout port in the breeching system of a new boiler system became dislodged and struck him on the head. It is undisputed that vibrations in the breeching system led both to the need for the covers of the cleanout ports to be reinforced with angle irons and to the angle irons coming loose.

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