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PIZARRO v. 421 PORT ASSOCIATES

292 A.D.2d 259 (2002)

739 N.Y.S.2d 152

JULIA PIZARRO, Plaintiff, and MARICELA CASTRO, Respondent, v. 421 PORT ASSOCIATES et al., Defendants, and MILLAR ELEVATOR INDUSTRIES, INC., Appellant.

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

Decided March 21, 2002.

Plaintiffs Julia Pizarro and Maricela Castro witnessed an elevator malfunction that resulted in the decapitation of nonparty James Chenault, who was not previously known to either plaintiff. Supreme Court dismissed the complaint as it pertained to plaintiff Pizarro on the ground that she was not in the elevator at the time of the incident. However, the court declined to dismiss the claim of plaintiff Castro, reasoning that, as...

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