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DE SANCTIS v. MONTGOMERY ELEVATOR COMPANY, INC.

304 A.D.2d 936 (2003)

758 N.Y.S.2d 419

CHRISTOPHER J. DE SANCTIS, Appellant-Respondent, v. MONTGOMERY ELEVATOR COMPANY, INC., Defendant, and MILLAR ELEVATOR COMPANY, INC., Respondent-Appellant.

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

Decided April 10, 2003.

Mercure, J.

In January 1993, plaintiff was injured when a passenger elevator in which he was riding allegedly malfunctioned during its descent from the first floor to the ground floor of Glens Falls City Hall in Warren County. Plaintiff commenced this personal injury action against, among others, defendant Millar Elevator Company, Inc. (hereinafter defendant), which had a contract to maintain and repair the elevator. Following joinder of issue, defendant moved for...

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