Although the complaint does not assert a separate claim against appellant for personal injuries sustained by building residents, guests and employees, and although plaintiff represents that it makes no such claims, its discovery responses do cite such injuries as an element of its damages. As plaintiff does not have standing to raise such claims (Real Property Law § 339-dd; see Koatz v 1776 Second Ave. Assoc.,
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PROMENADE v. SCHINDLER ELEVATOR CORPORATION
1 A.D.3d 240 (2003)
768 N.Y.S.2d 435
THE PROMENADE, Through its Board of Managers, Respondent, v. SCHINDLER ELEVATOR CORPORATION, as Successor in Interest to WESTINGHOUSE ELEVATOR COMPANY, a Division of SCHINDLER CORP., Appellant, et al., Defendants. (And Other Actions.)
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
November 20, 2003.
November 20, 2003.
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