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RODRIGUEZ v. McCLOSKEY INTERNATIONAL LIMITED

2020-01665. Index No. 19747/15.

203 A.D.3d 971 (2022)

161 N.Y.S.3d 840

2022 NY Slip Op 01825

Armando Rodriguez, Respondent, v. McCloskey International Limited, Appellant, et al., Defendants.

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

Decided March 16, 2022.

Attorney(s) appearing for the Case

Tromello & Fishman, Melville, NY ( Kevin P. Slattery of counsel), for appellant.

Ferro, Kuba, Mangano, P.C., Hauppauge, NY ( Michael N. Manolakis of counsel), for respondent.

Barros, J.P., Chambers, Zayas and Dowling, JJ., concur.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff was employed by a composting facility in Long Island, and his responsibilities included cleaning a machine known as a trommel (a dirt-sifting machine) and otherwise making sure that the trommel was working properly. According to the plaintiff's deposition testimony, on November 30, 2012, the trommel "clogged"—in other words, no...

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