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WEISS v. CITY OF NEW YORK

95 N.Y.2d 1 (2000)

731 N.E.2d 594

709 N.Y.S.2d 878

MENDEL WEISS et al., Appellants, v. CITY OF NEW YORK et al., Respondents, et al., Defendant. CITY OF NEW YORK, Third-Party Plaintiff, v. NEW YORK CITY INDUSTRIAL DEVELOPMENT AGENCY et al., Third-Party Defendants-Respondents. (And a Fourth-Party Action.)

Court of Appeals of the State of New York.

Decided May 11, 2000.

Attorney(s) appearing for the Case

Julien & Schlesinger, P. C., New York City (David Jaroslawics and Robert J. Tolchin of counsel), for appellants.

Faust Goetz Schenker & Blee, L. L. P., New York City (Jonathan Inker and Marisa Goetz of counsel), for New York City Industrial Development Agency, third-party defendant-respondent.

Law Office of Sherwin Rear, New York City (Sherwin Rear of counsel), for K&B Furniture Warehouse, third-party defendant-respondent.

Chief Judge KAYE and Judges BELLACOSA, SMITH, LEVINE, CIPARICK and WESLEY concur.

OPINION OF THE COURT

ROSENBLATT, J.

This appeal deals with statutory and regulatory responsibilities concerning factory elevator safety under article 11 of the Labor Law. Plaintiff, an employee at a furniture factory in the Bronx, was seriously injured when he fell down a factory elevator shaft that he claims was maintained in violation of applicable safety requirements. The issue before us is whether the defendant-building owner is statutorily liable for...

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