DORIS BANK v. LINCOLN SHORE OWNERS, INC.


229 A.D.2d 370 (1996)

644 N.Y.S.2d 554

Doris Bank et al., Respondents, v. Lincoln Shore Owners, Inc., et al., Defendants, and Otis Elevator, Appellant

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

July 1, 1996


Ordered that the order is reversed insofar as appealed from, on the law, with costs, the cross motion of the defendant Otis Elevator is granted, and the complaint and all cross claims are dismissed insofar as they are asserted against the defendant Otis Elevator.

The material facts in this case are not in dispute. One of the elevators in the plaintiffs' building was not operating. Accordingly, the 83-year-old plaintiff, Doris Bank, walked up one flight of stairs to...

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