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KELLEY v. EPISCOPAL CHURCH HOME & AFFILIATES, INC.

827 CA 20-01557.

199 A.D.3d 1448 (2021)

159 N.Y.S.3d 281

2021 NY Slip Op 06496

Richard Kelley et al., Respondents, v. Episcopal Church Home and Affiliates, Inc., et al., Appellants. Episcopal Church Home and Affiliates, Inc., et al., Third-Party Plaintiffs-Respondents, v. Whirlpool Corporation, Third-Party Defendant-Appellant.

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

Decided November 19, 2021.

Attorney(s) appearing for the Case

LAW OFFICES OF JOHN WALLACE, BUFFALO ( NANCY A. LONG OF COUNSEL), FOR DEFENDANTS-APPELLANTS AND THIRD-PARTY PLAINTIFFS-RESPONDENTS EPISCOPAL CHURCH HOME AND AFFILIATES, INC. AND LECESSE CONSTRUCTION SERVICES, LLC.

RAWLE & HENDERSON LLP, NEW YORK CITY ( MICHAEL ZHU OF COUNSEL), FOR DEFENDANT-APPELLANT AND THIRD-PARTY DEFENDANT-APPELLANT WHIRLPOOL CORPORATION.

LOSI & GANGI, BUFFALO ( PATRICK J. BROWN OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.

Present—Smith, J.P., Carni, NeMoyer, Troutman and Winslow, JJ.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiffs commenced this Labor Law and common-law negligence action seeking damages for injuries that Richard Kelley (plaintiff) sustained on a construction site while delivering and installing appliances. Plaintiff and a coworker were hauling the appliances on handcarts up a flight of stairs, with the coworker at a higher elevation than plaintiff. When the coworker...

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