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GAJDA v. LOLAW REALTY CORP.

64 A.D.2d 660 (1978)

Stanley Gajda, Respondent-Appellant, v. Lolaw Realty Corp., Defendant and Third-Party Plaintiff-Appellant, et al., Defendants and Third-Party Plaintiffs. Flynn Hill Elevator Corporation, Defendant and Third-Party Defendant-Respondent

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

July 24, 1978

As so modified, interlocutory judgment affirmed insofar as appealed from, without costs or disbursements, and action remitted to the Trial Term for further proceedings consistent herewith.

It was improper to dismiss the complaint, third-party complaint and cross complaint against the elevator service company. Negligence on its part could be proved by use of circumstantial evidence or through the doctrine of res ipsa loquitur...

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