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HENRY v. SPLIT ROCK REHABILITATION & HEALTH CARE CENTER, LLC

25661/14E. Appeal No. 12839. Case No. 2020-02101.

190 A.D.3d 489 (2021)

135 N.Y.S.3d 831

2021 NY Slip Op 00118

Ian Henry, Respondent, v. Split Rock Rehabilitation and Health Care Center, LLC, Appellant, et al., Defendants. Split Rock Rehabilitation and Health Care Center, LLC, et al., Third-Party Plaintiff-Appellant, et al., Third-Party Plaintiff, v. Hi Cool, Inc., Third-Party Defendant.

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

Decided January 12, 2021.

Attorney(s) appearing for the Case

Caitlin Robin & Associates, PLLC, New York ( Arjeta Albani of counsel), for appellant.

Rosenbaum & Rosenbaum, P.C., New York ( Mark W. Walsh of counsel), for respondent.

Concur—Acosta, P.J., Webber, González, Scarpulla, JJ.

Plaintiff was employed by third-party defendant Hi Cool, Inc. as an HVAC technician. On January 24, 2014, he was called to defendant Split Rock to inspect a newly installed rooftop air conditioning unit. He was escorted to the electrical room, located on the roof of the premises, by a maintenance worker employed by Split Rock. Plaintiff was injured, purportedly when a circuit breaker in the electrical room exploded.

The motion court properly denied Split Rock's motion...

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