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ALSTON v. DIVINE BROS. CO.

43 CA 21-00257.

203 A.D.3d 1555 (2022)

161 N.Y.S.3d 863

2022 NY Slip Op 01629

Eric Sean Alston, Jr., Appellant, v. Divine Brothers Company, Defendant, and PCC Airfoils, LLC, et al., Respondents.

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

Decided March 11, 2022.

Attorney(s) appearing for the Case

WEITZMAN LAW OFFICES, L.L.C., NEW YORK CITY ( RAPHAEL WEITZMAN OF COUNSEL), FOR PLAINTIFF-APPELLANT.

ADDELMAN CROSS & BALDWIN, PC, BUFFALO ( JESSE B. BALDWIN OF COUNSEL), FOR DEFENDANT-RESPONDENT PCC AIRFOILS, LLC.

BRESSLER, AMERY & ROSS, P.C., NEW YORK CITY ( JORKEELL ECHEVERRIA OF COUNSEL), FOR DEFENDANT-RESPONDENT NHVS INTERNATIONAL, INC.

Present —Centra, J.P., NeMoyer, Curran and Bannister, JJ.

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

Memorandum: Plaintiff commenced this action to recover damages for injuries he sustained when his right hand was allegedly pulled into a finishing machine, partially amputating three fingers. At the time of the incident, plaintiff, an employee of defendant NHVS International, Inc. (NHVS), was operating the machine in an NHVS facility. Defendant Divine Brothers Company (Divine...

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