Defendant JV failed to demonstrate its entitlement to judgment as a matter of law as to whether it exercised reasonable care in the performance of its duties to the New York City Transit Authority with regard to the contract to repair, service, and refill the fire extinguishing system's Halon tanks, and, if not, whether it thereby launch a force or instrument of harm that caused plaintiff's injuries (see Church v Callanan Indus.,
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MALERBA v. NEW YORK CITY TR. AUTH.
Index No. 113520/09, 590461/12. Appeal No. 15791. Case No. 2020-04808.
204 A.D.3d 570 (2022)
165 N.Y.S.3d 302
2022 NY Slip Op 02759
Peter Malerba et al., Respondents, v. New York City Transit Authority et al., Respondents, and E.A. Technologies/Petrocelli, J.V., LLC, Appellant. Ansul Incorporated et al., Third-Party Plaintiffs, v. Ameron Global, Inc., Doing Business as Ameron Global Product Support, Third-Party Defendant-Respondent.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided April 26, 2022.
Decided April 26, 2022.
Attorney(s) appearing for the Case
Nicoletti Spinner Ryan Gulino Pinter LLP, New York ( Kevin Pinter , of counsel), for appellant.
Weitz & Luxenberg, P.C., New York ( Joshua E. McMahon of counsel), for Peter Malerba and Janet Malerba, respondents.
London Fischer LLP, New York ( Brandon Rosen of counsel), for Ameron Global, Inc., respondent.
Concur—Renwick, J.P., Kapnick, Gesmer, Moulton, Shulman, JJ.
Appellate Division of the Supreme Court of New York, First Department.
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