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ABBOTT v. OTIS ELEVATOR CO.

166 A.D.2d 470 (1990)

Josephine Abbott, Respondent, v. Otis Elevator Company et al., Defendants, and Rockefeller Center, Inc., Appellant

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

October 9, 1990

Ordered that the order is affirmed, with costs.

When causes of action exist against several persons, the commencement of an action against one or more individuals does not constitute an election of remedies which bars an action against other potential defendants (see, CPLR 3002 [a]). The record in this case reveals that the plaintiff initiated an action against three defendants whom she believed to be responsible for her injuries. Following investigation, she...

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