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WAGNER v. GRINNELL HOUSING DEVELOPMENT FUND CORPORATION

260 A.D.2d 265 (1999)

688 N.Y.S.2d 551

MICHAEL WAGNER et al., Respondents-Appellants, v. GRINNELL HOUSING DEVELOPMENT FUND CORPORATION, Appellant-Respondent and Third-Party Plaintiff-Appellant, et al., Defendant. ARCHER ELEVATOR COMPANY, INC., Third-Party Defendant-Respondent.

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

Decided April 22, 1999.

Plaintiff Michael Wagner, while employed by Archer as an elevator mechanic in the building owned by Grinnell, was injured in June 1992 when he was pinned between beams at the top of the elevator shaft and the roof of the elevator compartment upon which he was situated while doing repairs. At plaintiff's request, a co-worker pressed the up button "a little bit," but the elevator ascended almost a full story, reaching within 18 inches of the top of the shaft. Plaintiff testified...

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