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CONDILES v. OTIS ELEVATOR CO.

3 A.D.2d 986 (1957)

Paul Condiles, Respondent, v. Otis Elevator Company, Respondent, and Harold B. Uris et al., Individually and Doing Business under the Name of Uris Bros., Appellants

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

June 4, 1957

Judgment affirmed.

McNALLY, J. (dissenting).

Plaintiff's contributory negligence requires a reversal of the judgment and a new trial. He testified that he knew that if the elevator continued upwards, the planks would eventually come into contact with the counterweight which was coming down. He also stated that he knew this contact would probably occur approximately half way up the shaft. His testimony...

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