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COLE v. HOMES FOR HOMELESS INSTITUTE, INC.

6931, 6932, 14613/07, 83944/09.

93 A.D.3d 593 (2012)

940 N.Y.S.2d 642

2012 NY Slip Op 2383

COLLIN A. COLE, Respondent, v. HOMES FOR THE HOMELESS INSTITUTE, INC., Appellant-Respondent, and BRINK ELEVATOR CORP. et al., Respondents-Appellants, et al., Defendants. BRINK ELEVATOR CORP., Doing Business as HERK ELEVATOR, Third-Party Plaintiff-Respondent-Appellant, v. HOMES FOR THE HOMLESS, INC., Third-Party Defendant-Appellant-Respondent.

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

Decided March 29, 2012.

Plaintiff, an employee of Homes, was injured when the elevator he was operating dropped suddenly. When it came to an abrupt stop, the elevator's ceiling collapsed on top of plaintiff. Homes was the tenant in the building, Institute was the owner of the building, and Brink was the company charged with maintaining the elevator pursuant to a contract with Homes.

The court properly declined to dismiss the complaint as against Brink. We recognize that pursuant to the maintenance...

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