32 N.Y.2d 553 (1973)

Adele Rogers, Respondent-Appellant, v. Dorchester Associates, Defendant; Milstein Associates et al., Appellants, and Otis Elevator Company, Respondent.

Court of Appeals of the State of New York.

Decided June 8, 1973.

Attorney(s) appearing for the Case

William F. Larkin and John P. Connors for appellants.

Leo Howard for respondent-appellant.

William F. McNulty, Joseph Messina and Anthony J. McNulty for respondent.

Chief Judge FULD and Judges BURKE, JASEN, GABRIELLI, JONES and WACHTLER concur.


In a personal injury negligence action against the owner and manager of an apartment building and an elevator maintenance company for injuries sustained when plaintiff tenant was struck by the automatic door of a self-service elevator, the injured plaintiff, the owner, and the manager appeal. The principal issue is whether evidence that the door had malfunctioned in the past, coupled with the elevator...

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