DUBIEL v. PARKCHESTER MANAGEMENT CORP.


284 A.D.2d 223 (2001)

727 N.Y.S.2d 413

ROBERT DUBIEL, Respondent-Appellant, v. PARKCHESTER MANAGEMENT CORP. et al., Respondents, and PARKCHESTER SOUTH CONDOMINIUM et al., Appellants-Respondents. (And a Third-Party Action.)

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

Decided June 21, 2001.


The complaint alleges that plaintiff's decedents, Pauline and Victor Dubiel, were injured in the hallway of their building when they were struck by an elevator door. The Dubiels, however, both died before they could be deposed, and there is no competent evidence in the record as to how the alleged accident occurred. Although plaintiff states that there is a witness to the alleged accident, plaintiff did not, in opposing appellants' cross motion, submit an affidavit of the...

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