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SALAS v. OTIS ELEVATOR CO., INC.

234 A.D.2d 356 (1996)

651 N.Y.S.2d 880

Luis Salas, Respondent, v. Otis Elevator Company, Inc., Appellant. (And a Third-Party Action.)

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

December 9, 1996

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The plaintiff, an employee of the Brooklyn Union Gas Company (hereinafter BUG), allegedly was injured when a wall panel from the rear wall of a freight elevator at BUG's premises fell off and struck him on the head. The defendant Otis Elevator Co., Inc. (hereinafter Otis), had a service contract covering the elevators at BUG's premises, and the plaintiff...

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