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DIXON v. NUR-HOM REALTY CORP.

254 A.D.2d 66 (1998)

678 N.Y.S.2d 613

Iris Dixon, Plaintiff, v. Nur-Hom Realty Corp., Respondent, and Westinghouse Elevator Company, Defendant and Third-Party Plaintiff-Appellant. Kings Harbor Care Center, Third-Party Defendant-Respondent

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

October 8, 1998

By documentary evidence, including the "Hydraulic Elevator Preventive Maintenance Agreement" and Westinghouse's work records, Kings Harbor sustained its burden of establishing that Westinghouse undertook full responsibility for the inspection, upkeep and repair of the elevator in which plaintiff was allegedly injured. Nor did Westinghouse in response satisfy its burden under the circumstances to come forward with evidence showing that plaintiff's accident was, as Westinghouse...

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