GREGO v. OTIS ELEVATOR COMPANY, INC.


287 A.D.2d 540 (2001)

731 N.Y.S.2d 480

MILIVOJ GREGO, Respondent, v. OTIS ELEVATOR COMPANY, INC., Defendant and Third-Party Plaintiff-Appellant. MAINCO SERVICE, INC., Defendant and Third-Party Plaintiff-Respondent. FRICK COLLECTION, Third-Party Defendant-Respondent.

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

Decided October 15, 2001.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is granted, the complaint and all cross claims and counterclaims are dismissed insofar as asserted against the appellant, and the action against the remaining defendant is severed.

The plaintiff's decedent was killed as he attempted to free a stuck freight elevator located at the second third-party defendant The Frick Collection (hereinafter The Frick). The decedent worked...

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