VOGEL v. HERK ELEVATOR CO., INC.


238 A.D.2d 506 (1997)

657 N.Y.S.2d 904

Robert Vogel, Respondent, v. Herk Elevator Co., Inc., Respondent, and Otis Elevator Company, Appellant. (And a Third-Party Action.)

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

April 21, 1997


Ordered that the order is modified, on the law, by deleting the provision denying the motion in its entirety and substituting therefor a provision granting partial summary judgment to the defendant Otis Elevator Company dismissing so much of the complaint as asserts a cause of action to recover damages for injuries based upon alleged defective design and otherwise denying the motion; as so modified, the order is affirmed, without costs or disbursements.

The plaintiff...

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