KOTZAPIGIKOGLOY v. SEVENTY NINTH ASSOCS.


170 A.D.2d 356 (1991)

Konstantinos Kotzapigikogloy et al., Plaintiffs, v. Seventy Ninth Associates et al., Defendants and Third-Party Plaintiffs-Appellants. Westinghouse Electric Corporation, Elevator Construction Division, Third-Party Defendant-Respondent, et al., Third-Party Defendant

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

February 21, 1991


Plaintiff alleges he was injured when a lighting fixture in an elevator fell on him. Third-party defendant Westinghouse installed and services the elevator pursuant to a contract which expressly excludes lights and lighting fixtures from the scope of its coverage. The deposition testimony of an employee who serviced the elevator on behalf of Westinghouse shows that Westinghouse did not voluntarily undertake to repair or maintain the light fixtures. The third-party plaintiffs...

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