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CARRION v. EASTERN ELEVATOR CO., INC.

34 A.D.2d 1004 (1970)

Robert Carrion et al., Appellants, v. Eastern Elevator Company, Inc., Respondent, and Abraham Poliacoff, Third-Party Plaintiff-Respondent-Appellant. Specialty Hardware Company, Third-Party Defendant-Respondent

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

June 29, 1970

Judgment affirmed, with one bill of costs to defendants jointly against plaintiffs and with costs to third-party defendant against third-party plaintiff.

No opinion.

Benjamin, J., dissents and votes to reverse the judgment and grant a new trial, with the following memorandum:

Plaintiff Robert Carrion fell down an elevator shaft in a factory building owned by defendant Poliacoff. The elevator was maintained and kept in repair by defendant...

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