SANTOS v. EQUITABLE LIFE ASSURANCE SOC'Y OF THE UNITED STATES


220 A.D.2d 274 (1995)

632 N.Y.S.2d 110

Ayerton Santos, Respondent, v. Equitable Life Assurance Society of the United States et al., Defendants, and Bell Securities, Inc., Appellant. (And a Third-Party Action.)

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

October 12, 1995


In an action for personal injuries allegedly sustained when plaintiff fell while cleaning a moving escalator in the course of his employment, triable issues of fact preclude summary judgment, including whether appellant security guard service was responsible for and had control over starting and stopping the escalator at the time of the accident. If so, an issue of fact exists as to whether it owed a duty to plaintiff to promptly turn off the escalator when he asked its employee...

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