CORNWELL v. OITS ELEVATOR COMPANY


275 A.D.2d 649 (2000)

713 N.Y.S.2d 321

PHILIP G. CORNWELL et al., Appellants, v. OITS ELEVATOR COMPANY et al., Respondents. (And Other Third-Party Actions.)

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

Decided September 26, 2000.


None of the defendants can be held responsible for the protruding pin that caught plaintiff's shirt sleeve and drew his arm into moving mechanical parts located in the building's motor room. It is undisputed that the pin was not part of the original design of the selector panel that plaintiff was inspecting but was added by an unknown party at an unknown time prior to the accident in place of a recessed Allen screw. As against defendant Otis, the affidavit of plaintiff's...

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