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POTACZALA v. FITZSIMMONS

171 A.D.2d 1015 (1991)

Janine Potaczala, Individually and as Administratrix of The Estate of Gregory Potaczala, Deceased, Respondent, v. John J. Fitzsimmons et al., Defendants, and Otis Elevator Company, Appellant

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

March 8, 1991

Order unanimously modified on the law and as modified affirmed without costs, in accordance with the following Memorandum: We conclude that defendant Otis Elevator Company ("Otis") was entitled to partial summary judgment dismissing so much of plaintiff's first and second causes of action as allege that Otis negligently inspected, maintained, repaired and/or serviced the subject elevator (see, CPLR 3212 [e]).

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