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NICHOLSON v. SABEY DATA CTR. PROPS., LLC

Index No. 156351/12. Appeal No. 16013. Case No. 2021-04168.

205 A.D.3d 620 (2022)

169 N.Y.S.3d 292

2022 NY Slip Op 03451

Sherlock Nicholson, Appellant-Respondent, v. Sabey Data Center Properties, LLC, et al., Respondents-Appellants, et al., Defendant. Sabey Construction, Inc., Third-Party Plaintiff-Appellant, v. ADCO Electrical Corp. et al., Third-Party Defendants-Respondents.

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

Decided May 26, 2022.

Attorney(s) appearing for the Case

Sacks and Sacks, LLP, New York ( Scott N. Singer of counsel), for appellant-respondent.

Weber Gallagher Simpson Stapleton Fires & Newby LLP, New York ( Lisa M. Fitzgerald of counsel), for respondents-appellant/appellant.

Perry, Van Etten, Rozanski & Kutner, LLP, Melville ( Joseph K. Strang of counsel), for ADCO Electrical Corp., respondent.

Lewis Brisbois Bisgaard & Smith LLP, New York ( Thomas Maroney of counsel), for Select Safety Consulting Services, Inc., respondent.

Concur—Kern, J.P., Oing, Singh, Moulton, Scarpulla, JJ.

Plaintiff sustained injuries when, while attempting to reverse a pallet jack, the jack suddenly engaged and jumped back, propelling him backwards onto a loose pipe, causing him to fall and the pallet jack to pin his ankle against the pipe. At the time, plaintiff was working at a construction project, moving pallets of cinderblocks from the loading dock to a temporary storage room. Sabey Data owned the premises and Sabey Construction...

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