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SHARP v. SCANDIC WALL

195 Misc.2d 254 (2002)

758 N.Y.S.2d 463

GIL SHARP et al., Plaintiffs, v. SCANDIC WALL LIMITED PARTNERSHIP et al., Defendants.

Supreme Court, New York County.

December 13, 2002.

Attorney(s) appearing for the Case

Farley Halohan Glockner Toto & Laden, LLP, Mineola (Mark Khavkin of counsel), for 40 Wall Street Development Associates, LLC, defendant.

Brecher Fishman Pasternack Popish Heller Rubin & Reiff, P.C., New York City (Christopher Caputo of counsel), for plaintiffs.

OPINION OF THE COURT

BARBARA R. KAPNICK, J.

Plaintiff Gil Sharp seeks to recover damages for personal injuries he allegedly sustained on October 31, 1996 while working as an elevator mechanic. Plaintiff was allegedly directed by his supervisor at Millar Elevator to take elevator 35 at 40 Wall Street, which had not run for approximately 16 years, out of service. The elevator cab on which he was standing and working...

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