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BURGESS v. OTIS ELEVATOR CO.

114 A.D.2d 784 (1985)

Vilma Burgess et al., Respondents, v. Otis Elevator Company, Appellant and Third-Party Plaintiff-Appellant. Morgan Guaranty Trust Company of New York, Third-Party Defendant-Respondent

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

November 19, 1985

On September 7, 1978, plaintiff Vilma Burgess boarded elevator No. 13 on the 19th floor of Morgan Guaranty Trust's office building located at 15 Broad Street in lower Manhattan. Frank Teague, another Morgan Guaranty employee, was on the elevator. Both had boarded it without difficulty. They rode down to the 18th floor. When Mrs. Burgess exited, she stumbled and fell to the floor. While lying on the ground she saw that the elevator had landed about five inches above floor...

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