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THOMAS v. ROSEN GROUP PROPS., INC.

130 A.D.2d 451 (1987)

Emilia Thomas, Respondent, et al., Plaintiffs, v. Rosen Group Properties, Inc., Appellant, and Veemac Elevator Co., Inc., Respondent, et al., Defendant

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

May 28, 1987

Plaintiff was injured as a result of an accident involving an elevator owned and operated by defendant Rosen Group Properties, Inc. Defendant Rosen, which had a nondelegable duty to maintain the elevator, cross-claimed against defendant Veemac Elevator Co., Inc., for indemnity and/or contribution.

Since there was insufficient proof of the terms or the existence of any maintenance agreement between Rosen and Veemac, contractual...

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