HASTIE v. MIDWAY NURSING HOME


8 A.D.3d 532 (2004)

779 N.Y.S.2d 223

FRANK HASTIE et al., Respondents, v. MIDWAY NURSING HOME, Appellant. (And a Third-Party Action.)

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

June 21, 2004.


Ordered that the order is reversed insofar as appealed from, on the law and in the exercise of discretion, with costs, and the cross motion is denied.

On October 20, 1997, the plaintiff Frank Hastie, an elevator mechanic employed by the third-party defendant, allegedly was injured when the doors of the elevator which he had repaired closed on him. At issue is whether the Supreme Court improvidently exercised its discretion in granting the plaintiffs leave to serve...

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