AREZ v. TWIN PARKS NORTHEAST HOUSES, INC.


294 A.D.2d 266 (2002)

741 N.Y.S.2d 875

LUIS AREZ, Respondent, v. TWIN PARKS NORTHEAST HOUSES, INC., et al., Defendants, and POMASSI ELEVATOR, Appellant.

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

Decided May 28, 2002.


Although appellant's general manager asserts that appellant did not begin servicing the elevator in question until almost a year after plaintiff's accident, as indicated by appellant's service contract with defendant owner, the issue of whether appellant serviced the elevator prior to the accident cannot be determined at this juncture given plaintiff's attorney's assertion that a representative of defendant management company told him so prior to commencement of the action...

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