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DEL TERZO v. CITY OF NEW YORK

189 A.D.2d 556 (1993)

Loretta Del Terzo, Respondent, v. City of New York, Respondent, and Innovative Elevator Corporation, Appellant and Third-Party Plaintiff, et al., Third-Party Defendant

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

January 5, 1993

Contrary to defendant Innovative Elevator Corporation's argument, the trial court's findings of fact which rest in large measure on considerations relating to the credibility of plaintiff and her medical witness (see, Claridge Gardens v Menotti, 160 A.D.2d 544) have support in the record, and thus will not be disturbed on appeal. Defendant was contractually obligated to maintain the subject elevator, which had been experiencing...

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