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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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