GARDNER v. DIXIE PARKING CORP.


80 A.D.2d 577 (1981)

Herbert Gardner, Appellant, v. Dixie Parking Corp., Now Known as Computerized Parking System, Inc., et al., Defendants, and Otis Elevator Co., Respondent

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

February 9, 1981


Judgment reversed, on the law, and as between plaintiff and defendant Otis Elevator Co., action severed and new trial granted, with costs to abide the event.

The plaintiff was injured when his leg was caught in a gap lifter in an automated parking garage while he was awaiting the delivery of his automobile to street level. The defendant Otis Elevator Co. was joined, along with other defendants, by the plaintiff in an action to recover damages for personal injuries...

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