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OLIVER v. ARMOR ELEVATOR CO., INC.

15 A.D.2d 947 (1962)

Emma Oliver, Plaintiff, v. Armor Elevator Company, Inc., Defendant and Third-Party Plaintiff-Respondent. Beltway Realty Corp., Third-Party Defendant-Appellant

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

March 19, 1962

Order insofar as appealed from reversed, with $10 costs and disbursements, and motion to dismiss the third-party complaint granted.

Plaintiff claims that the accident happened because an accumulation of rags in the elevator pit and motor room jammed the elevator weight frame, and that the defendant service company had notice of this condition. In its third-party complaint against Beltway, the owner of the premises, the service...

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