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ZYLINSKI v. MAR. DR. APTS.

178 Misc.2d 769 (1998)

680 N.Y.S.2d 830

Casmira Zylinski, Plaintiff, v. Marine Drive Apartments, Inc., et al., Defendants.

Supreme Court, Erie County.

November 4, 1998

Attorney(s) appearing for the Case

Carlin & McGillicuddy for Marine Drive Apartments, Inc., defendant. Hurwitz & Fine for Delta Elevator Service Corp., defendant. Freed & Schwartz for plaintiff.

ROSE H. SCONIERS, J.

Defendants, Marine Drive Apartments, Inc., and Delta Elevator Service Corp., have requested that this court submit, for jury consideration, the allocation of alleged fault by nonparty U.S. Elevator/Niagara Elevator.

Defendants rely upon CPLR article 16, as cited in their respective answers as an affirmative defense, as setting limitations on their respective liability and for the...

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