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SAMMS v. TIMES SQUARE GARAGE, INC.

61 A.D.2d 746 (1978)

Gerda E. Samms, as Administratrix of The Estate of Hubert Samms, Deceased, Plaintiff, v. Times Square Garage, Inc., Appellant, and Burlington Elevators, Inc., Respondent

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

February 7, 1978

Hubert Samms was killed in an elevator shaft on the premises of his employer, Times Square Garage, Inc. (Times Square). Samms' administratrix sued Times Square and Burlington Elevators, Inc. (Burlington), the latter having serviced and repaired the elevators on the property. Times Square and Burlington each served cross claims against the other. Times Square moved at Special Term to have the complaint dismissed as against it since...

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