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WEISS v. CITY OF NEW YORK

260 A.D.2d 249 (1999)

688 N.Y.S.2d 533

MENDEL WEISS et al., Appellants, v. CITY OF NEW YORK et al., Respondents, et al., Defendant. CITY OF NEW YORK, Third-Party Plaintiff, v. NEW YORK CITY INDUSTRIAL DEVELOPMENT AGENCY, Third-Party Defendant, and K & B FURNITURE WAREHOUSE, Third-Party Defendant-Respondent. (And a Fourth-Party Action.)

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

Decided April 20, 1999.

Plaintiff, an employee of K & B Furniture Warehouse, fell down an elevator shaft in a building owned by defendant Agency. It is uncontroverted that the Agency acquired title to the premises from plaintiff's employer in name only, to facilitate the sale of tax exempt bonds. The purpose was to provide financing to plaintiff's employer, which leased the premises back from the Agency. The employer was solely responsible for operation and maintenance of the premises. Thus...

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