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WRAY v. 654 MADISON AVE. ASSOCS.

253 A.D.2d 394 (1998)

677 N.Y.S.2d 129

Leroy Wray, Respondent, v. 654 Madison Avenue Associates, L.P., et al., Appellants. 654 Madison Avenue Associates, L.P., et al., Third-Party Plaintiffs-Appellants-Respondents, v. P.S. Marcato Elevator Co., Inc., Third-Party Defendant-Respondent-Appellant

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

August 20, 1998

We reject appellants' claims that the owners bore no common-law responsibility for plaintiff's injuries caused by the dangerous condition he was called upon to repair, since the accident was caused not by the noise and vibration in the compensating elevator sheave that plaintiff was called upon to remedy, but by the absence of a pit shut-off switch (see, 9 NYCRR 1062.3 [d]; compare, Kowalsky v Conreco Co., 264 N.Y. 125). We agree with the IAS Court that...

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