SANZONE v. NATIONAL ELEVATOR INSPECTION SERVICE, INC.


273 A.D.2d 94 (2000)

709 N.Y.S.2d 79

CHARLES SANZONE et al., Appellants-Respondents, v. NATIONAL ELEVATOR INSPECTION SERVICE, INC., Respondent, and MILLAR ELEVATOR INDUSTRIES, INC., Respondent-Appellant.

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

Decided June 15, 2000.


The motion court erred in granting NEIS summary judgment. The record shows that NEIS conducted elevator safety inspections at Macy's for insurance underwriting purposes pursuant to an agreement with Zurich Insurance Co., Macy's general liability and workers' compensation insurer. Although the record evidence does not support an inference that NEIS had an agreement directly with Macy's to maintain or repair the elevator in question, it does raise a question of fact as to whether...

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