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THOMAS v. EUCLID AVENUE ASSOCIATES

269 A.D.2d 440 (2000)

703 N.Y.S.2d 227

ALFREDA THOMAS et al., Plaintiffs, v. EUCLID AVENUE ASSOCIATES et al., Defendants and Third-Party Plaintiffs-Appellants, and WILLIAMS ELEVATOR COMPANY, INC., Defendant and Third-Party Plaintiff-Respondent. CITY OF NEW YORK et al., Third-Party Defendants-Respondents; ANCHORAGE WOODS, INC., et al., Third-Party Defendants-Appellants.

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

Decided February 14, 2000.

Ordered that the order is modified, on the law, by deleting the provision thereof granting the cross motion, and substituting therefor a provision denying the cross motion; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.

The plaintiffs were allegedly injured when an elevator in a building owned by the defendant third-party plaintiff Euclid Avenue Associates (hereinafter Euclid) fell suddenly. Euclid had a service agreement...

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