MALOU MANANGHAYA, AS ADMINISTRATRIX OF THE ESTATE OF TRISTAN MICHAEL MANANGHAYA PLAINTIFFS, v. BRONX-LEBANON HOSPITAL CENTER def

3078N. MALOU MANANGHAYA, AS ADMINISTRATRIX OF THE ESTATE OF TRISTAN MICHAEL MANANGHAYA PLAINTIFFS, v. BRONX-LEBANON HOSPITAL CENTER def — NAPOLI TRANSPORTATION, INC. DOING BUSINESS AS C&L TOWING SERVICES INC., Third-Party plf-ap, v. AGGREKO, LLC, Third-Party def-res — [AND ANOTHER THIRD PARTY ACTION] Koster, Brady & Nagler, LLP, New York (Matthew J. Koster of counsel), for ap — O’Connor Redd LLP, Port Chester (Hillary P. Kahan of counsel), for res — Order, Supreme Court, Bronx County (Betty Owen Stinson, J.), entered November 19, 2015, which, insofar as appealed from, denied defendant/third-party plaintiff Napoli Transportation Inc.’s cross motion to compel third-party defendant Aggreko, LLC to respond to its discovery requests numbered 1-3, 5-9, 16-18, 20, 28-40, and 43-49, unanimously modified, on the facts and in the exercise of discretion, to grant the motion as to certain documents responsive to requests 8, 32, 37, 43, and 45, in accordance herewith, and otherwise affirmed, without costs.

This negligence action arises from the death of Tristan Michael Mananghaya when a 400-ton industrial air cooling unit (chiller) fell on him. At the time of the accident, the decedent was employed by third-party defendant Aggreko, LLC (Aggreko), a chiller-rental company retained by defendant Bronx Lebanon Hospital Center (Bronx Lebanon) to decommission and remove the chiller, which it had previously installed. Aggreko retained Napoli Transportation, Inc. (Napoli), a towing company, to hoist the trailer on which the chiller sat so that materials placed beneath the trailer to level it could be removed.