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LUKE LUCAS, plf-res, v. ST. BARNABAS HOSPITAL, def-ap, PRONTO REPAIRS, INC., def

10596. LUKE LUCAS, plf-res, v. ST. BARNABAS HOSPITAL, def-ap, PRONTO REPAIRS, INC., def — [AND A THIRD-PARTY ACTION] Garbarini & Scher, P.C., New York (William D. Buckley of counsel), for ap — Diamond & Diamond, New York (Stuart Diamond of counsel), for res — Order, Supreme Court, Bronx County (Wilma Guzman, J.), entered September 17, 2012, which, to the extent appealed from, denied defendant-third party plaintiff St. Barnabas Hospital's motion for summary judgment dismissing the complaint as against it, unanimously reversed, on the law, without costs, the motion granted and the complaint dismissed as against St. Barnabas Hospital. The Clerk is directed to enter judgment accordingly.

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10596. LUKE LUCAS, plf-res, v. ST. BARNABAS HOSPITAL, def-ap, PRONTO REPAIRS, INC., def — [AND A THIRD-PARTY ACTION] Garbarini & Scher, P.C., New York (William D. Buckley of counsel), for ap — Diamond & Diamond, New York (Stuart Diamond of counsel), for res — Order, Supreme Court, Bronx County (Wilma Guzman, J.), entered September 17, 2012, which, to the extent appealed from, denied defendant-third party plaintiff St. Barnabas Hospital’s motion for summary judgment dismissing the complaint as against it, unanimously reversed, on the law, without costs, the motion granted and the complaint dismissed as against St. Barnabas Hospital. The Clerk is directed to enter judgment accordingly.

Plaintiff, who was employed by third-party defendant Sodexho as a supervisor in the hospital’s kitchen and dishwashing room, alleges that he was injured when he slipped and fell on water that had leaked from the commercial dishwashing machine onto its kitchen floor.

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