Montalvo v. New York & Presbyterian Hospital

Plaintiff was injured while attempting to replace, a float and rod component in a condensate pump that was part of the heating system of a building. The pumping system was located in a six-foot-deep pit, covered with metal grating, in the floor of the machine room. Plaintiff was called in to make the repair when the heating system shut down after the pumps stopped working because the component had broken off. He activated a “draining mechanism” and, while the water receded from the flooded machine room, he removed a section of the grating and stepped onto a remaining section to reach into the…