NEVINS v. ESSEX OWNERS CORP.


259 A.D.2d 384 (1999)

687 N.Y.S.2d 114

TERRENCE NEVINS, Appellant, v. ESSEX OWNERS CORP., Respondent and Third-Party Plaintiff-Respondent. ACCELL ELEVATOR OPERATIONS, INC., Third-Party Defendant-Respondent.

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

Decided March 23, 1999.


The basic facts are uncontroverted. Plaintiff was employed by third-party defendant as a mechanic conducting elevator renovation services for defendant owner. Plaintiff, while in the bottom of the elevator pit, was testing whether the moving elevator would clear an angle iron or a bracket he had installed in the elevator shaft approximately four feet from the bottom of the pit. To do so, he activated a "run station," or a remote control box, to move the elevator into place...

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