RODGERS v. 72ND STREET ASSOCIATES


269 A.D.2d 258 (2000)

703 N.Y.S.2d 456

FRANK RODGERS et al., Respondents-Appellants, v. 72ND STREET ASSOCIATES et al., Appellants-Respondents and Third-Party Plaintiffs-Appellants. SCHINDLER ELEVATOR CORP., Third-Party Defendant-Respondent.

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

Decided February 17, 2000.


The finding of negligence is supported by evidence showing that defendants either created, or had notice of, the dangerous condition of the freight elevator's emergency exit roof door through which plaintiff fell. In particular, the postaccident photographs depict the deteriorated condition of the roof door and the obvious absence of a locking device as required by the New York City Building Code (Multiple Dwelling Law § 78...

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