KOCH v. OTIS ELEVATOR CO.


10 A.D.2d 464 (1960)

Charles Koch, Respondent, v. Otis Elevator Company, Appellant

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

May 17, 1960.


Attorney(s) appearing for the Case

William F. McNulty of counsel (Hampton & Mahoney, attorneys), for appellant.

Herbert L. Fine of counsel (Elmer Fried, attorney), for respondent.

BOTEIN, P. J., BREITEL, M. M. FRANK and STEVENS, JJ., concur.


BERGAN, J.

Defendant Otis Elevator Company undertook by written agreement with the Emerson School to service an automatic elevator in premises 12 East 96th Street. The agreement required defendant to "use all reasonable care to maintain the elevator[s] in proper and safe operating condition" and to "regularly and systematically examine, adjust, lubricate as required, and if, in our judgment, conditions warrant...

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