CHANICE v. FEDERAL EXPRESS CORP.

12668, 106872/10, 591160/10, 590570/11.

118 A.D.3d 634 (2014)

989 N.Y.S.2d 468

2014 NY Slip Op 4853

RUSSELL CHANICE, Appellant, v. FEDERAL EXPRESS CORPORATION, Respondent, et al., Defendants. (And Other Third-Party Actions.).

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

Decided June 26, 2014.


The complaint alleges that the top portion of a bi-folding industrial elevator door struck plaintiff in the head as he was entering the elevator when a FedEx employee, who had boarded the elevator before plaintiff, pushed the button to close the door while his back was to the door. As a preliminary matter, we reject plaintiff's argument that the instant motion was precluded under the doctrine of law of the case by virtue of a prior order granting plaintiff leave to amend...

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