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  5. 69 N.Y.2d 623 (1986)
 

BURGESS v. OTIS ELEVATOR CO.

69 N.Y.2d 623 (1986)

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

Court of Appeals of the State of New York.

Decided December 16, 1986.

Attorney(s) appearing for the Case

Steven J. Ahmuty, Jr., for appellant.

Marvin V. Ausubel for Vilma Burgess and another, respondents.

James P. McCall for Morgan Guaranty Trust Company of New York, respondent.

Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR. Taking no part: Judge MEYER.

Judgment appealed from and prior nonfinal order of the Appellate Division brought up for review affirmed, with costs, for reasons stated in the memorandum of the Appellate Division (114 A.D.2d 784). Insofar as defendant Otis Elevator now urges that the charge on res ipsa was improperly given in view of plaintiff's contributory negligence, that issue was not preserved at the...

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