LUMBSY v. GERSHWIN THEATER


282 A.D.2d 578 (2001)

722 N.Y.S.2d 909

LAURIANNE LUMBSY, Respondent, v. GERSHWIN THEATER et al., Defendants, and MILLAR ELEVATOR IND., INC., et al., Appellants.

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

Decided April 16, 2001.


Ordered that the order is reversed, on the law, with costs, the motion is granted, the complaint is dismissed insofar as asserted against the appellants, and the action against the remaining defendants is severed.

The plaintiff sustained personal injuries on October 16, 1997, when she fell, allegedly as a result of a malfunctioning escalator at the defendant Gershwin Theater.

Summary judgment should have been granted to the appellants. The appellants submitted...

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