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

232 A.D.2d 352 (1996)

648 N.Y.S.2d 628

Mitchell Braithwaite et al., Respondents, v. Equitable Life Assurance Society of the United States et al., Appellants Otis Elevator Company, Defendant and Third-Party Plaintiff-Appellant, v. Tishman Speyer Properties et al., Third-Party Defendants-Appellants

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

October 7, 1996

Ordered that the order is reversed, on the law, with one bill of costs, the respective motions are granted, and the complaint and the third-party complaint are dismissed.

The injured plaintiff, who turned his ankle while stepping onto an escalator in a building owned and/or managed by the defendants and the third-party defendants, sued the building's owners and managers, as well as Otis Elevator Company, which had a contract...

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