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KACHELE v. NOUVEAU EL. INDUS., INC.

2018-04158. Index No. 703495/14.

186 A.D.3d 1626 (2020)

129 N.Y.S.3d 833

2020 NY Slip Op 05193

Franz Kachele, Appellant, v. Nouveau Elevator Industries, Inc., Respondent.

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

Decided September 30, 2020.

Ordered that the order is affirmed, with costs.

The plaintiff, a patient transporter at Lenox Hill Hospital, allegedly sustained injuries on October 4, 2013, when he felt "a pop" in his left shoulder as he was pulling an ICU bed into an elevator on the eighth floor of the hospital. The plaintiff alleged that the floor of the elevator was misleveled with the eighth floor, and that this misleveling caused the ICU bed to stop. The plaintiff did not observe any misleveling...

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