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  5. 33 A.D.2d 624 (1969)
 

SMITH v. JAY APARTMENTS, INC.

33 A.D.2d 624 (1969)

Susan E. Smith, Respondent, v. Jay Apartments, Inc., Appellant and Third-Party Plaintiff-Appellant. Otis Elevator Company, Appellant and Third-Party Defendant-Respondent

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

October 28, 1969

HERLIHY, P. J.

Plaintiff recovered a judgment upon a jury verdict against both defendants in a personal injury case. Plaintiff proceeded on the basis of res ipsa loquitur. Defendant Jay lost its cross claim based on negligence against Otis. Both defendants appealed plaintiff's judgment and Jay appeals the judgment dismissing its third-party complaint against Otis. The plaintiff, a tenant on the fifth floor of defendant Jay's apartment house, was...

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