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WHALEN v. TOWER 53 CONDO.

202 A.D.2d 267 (1994)

609 N.Y.S.2d 4

Patrick J. Whalen et al., Respondents, v. Tower 53 Condominium et al., Appellants, et al., Defendant Tower 53 Condominium et al., Plaintiffs-Appellants, v. American Broadcasting Companies, Third-Party Defendant-Respondent

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

March 15, 1994

Although the "exclusive control" requirement of res ipsa loquitur does not mean that there must have been only a single person in control of that which is alleged to have caused the injury (see, Butti v Rollins, 133 A.D.2d 205), the duty assumed by third-party defendant to provide security in its lobby did not extend to assuming responsibility for elevator malfunctions. While third-party defendant did assume the duty of relaying...

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