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FUCHS v. ELO GROUP, INC.

297 A.D.2d 658 (2002)

747 N.Y.S.2d 181

MYRIAM FUCHS et al., Appellants, v. ELO GROUP, INC., Defendant and Third-Party Plaintiff-Respondent, et al., Defendants. FLYNN-HILL ELEVATOR CORP., Third-Party Defendant-Respondent.

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

Decided September 16, 2002.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion and the cross motion are denied, and the complaint insofar as asserted against the defendant Elo Group, Inc., and the third-party complaint are reinstated.

On August 26, 1996, the plaintiff Myriam Fuchs allegedly sustained injuries while attempting to climb out of an elevator that was stuck between floors in a building owned by the defendant Elo Group, Inc. (hereinafter...

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