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WITZ v. CADILLAC HOTEL, INC.

19 N.Y.2d 824 (1967)

Alfred Witz, Respondent, v. Cadillac Hotel, Inc., et al., Appellants.

Court of Appeals of the State of New York.

Decided April 18, 1967.

Attorney(s) appearing for the Case

Meyer Fix for Cadillac Hotel, Inc., appellant.

Philetus M. Chamberlain for Wm. F. Weeks Elevator Co., Inc., appellant.

David O. Boehm for respondent.

Concur: Chief Judge FULD and Judges SCILEPPI, BERGAN and KEATING. Judge BREITEL dissents and votes to modify in the following opinion in which Judge BURKE concurs. Taking no part: JUDGE VAN VOORHIS.

Order affirmed, with costs.

BREITEL, J. (dissenting).

The order should be modified to dismiss the cross claim of defendant hotel against defendant elevator company and the order should otherwise be affirmed. The hotel, as the owner of the building and of the elevator installed many years ago, was at least equally responsible with the elevator maintenance company for the defect which caused the accident and, therefore, is not entitled to recover...

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