LOPEZ v. CITY OF NEW YORK

24932/13E. Appeal No. 15402. Case No. 2021-02300.

203 A.D.3d 405 (2022)

160 N.Y.S.3d 585

2022 NY Slip Op 01271

Angel Lopez, Respondent, v. City of New York et al., Defendants, and Mega Contracting GP, LLC, et al., Appellants. (And a Third-Party Action.)

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

Decided March 1, 2022.


Attorney(s) appearing for the Case

Gerber Ciano Kelly Brady LLP, Garden City ( Brendan T. Fitzpatrick of counsel), for appellants.

Ronemus & Vilensky, LLP, Garden City ( Lisa M. Comeau of counsel), for respondent.

Concur—Gische, Oing, Kennedy, Mendez, Shulman, JJ.


Plaintiff was injured while he was helping one of his colleagues clear a blockage from a hose on an air compressor that was used to operate to a drill rig. A whip check—a safety device used to reduce the movement of an air hose in the event it became disconnected—was placed at the end of every hose connected to the air compressor, the end of another hose, or the drill rig. During the operation to dislodge the blockage, a whip check failed to perform its safety...

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