MYRON v. MILLAR ELEVATOR INDUS., INC.


182 A.D.2d 558 (1992)

Myron Myron, Respondent, v. Millar Elevator Industries, Inc., Appellant and Third-Party Plaintiff, and 60 East 42nd Street Associates et al., Appellants, et al., Defendant. Helmsley-Spear, Inc., Third-Party Defendant-Appellant, et al., Third-Party Defendant

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

April 23, 1992


Plaintiff commenced this negligence action against the building owner, the elevator service company that maintained the elevator pursuant to a contract, and the manufacturer that built the elevator's safety lock. Plaintiff, an elevator operator, maintained that a safety lock on the lobby elevator shaftway door malfunctioned so as to allow him to fall into the shaftway and fracture a femur. Following the trial court's refusal to give a res ipsa charge with respect to...

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