PATEL v. 25 GUNHILL ASSOCIATES


277 A.D.2d 84 (2000)

717 N.Y.S.2d 28

AMBALAL PATEL et al., Appellants, v. 25 GUNHILL ASSOCIATES, Respondent and Third-Party Plaintiff. ADVANTAGE ELEVATOR CO., INC., Third-Party Defendant-Respondent.

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

Decided November 16, 2000.


Plaintiff asserts that he was grabbed by an unidentified person in the lobby of the building, but managed to break free and run into the elevator. However, he was pursued by the assailant, who, due to a malfunctioning elevator door, was able to get into the car, where plaintiff was beaten and robbed. Plaintiff also adduces evidence that the problem with the elevator was a recurring one of which defendant had notice; that an entrance door lock had been broken for about a month...

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