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DANIELS v. OTIS ELEVATOR CO.

236 A.D.2d 330 (1997)

655 N.Y.S.2d 335

Denzil Daniels et al., Respondents, v. Otis Elevator Company, Respondent, and Flynn-Hill Elevator Corporation, Now Known as FHE Services, Inc., Appellant. (And a Third-Party Action.)

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

February 27, 1997

Since documentary evidence and the deposition testimony of one of Flynn-Hill's employees shows that there is a likelihood that another employee of Flynn-Hill, namely Ronald Moore, will provide information that will establish whether Flynn-Hill created the condition that caused the instant accident and whether Flynn-Hill had notice of the condition, the motion court properly directed the deposition of Mr. Moore and denied summary...

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