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FERNANDEZ v. OTIS EL. CO.

4 A.D.3d 69 (2004)

772 N.Y.S.2d 14

JOSE FERNANDEZ, Respondent, v. OTIS ELEVATOR COMPANY, Appellant, et al., Defendant.

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

February 3, 2004.

Attorney(s) appearing for the Case

Law Office of Laurence J. Sass and Shandell, Blitz, Blitz & Bookson, LLP (Laurence J. Sass and Arthur Blitz of counsel), for respondent.

Geringer & Dolan LLP (John A. McCarthy and Pauline A. Mason of counsel), for appellant.

BUCKLEY, P.J., ANDRIAS, SULLIVAN and MARLOW, JJ., concur.

OPINION OF THE COURT

MAZZARELLI, J.

Plaintiff, a janitor employed by the College of Mount Saint Vincent (the college), was injured when he fell down an elevator shaft in one of the college's dormitories. The elevator had become stuck between the second and third floors of the building. Just prior to the accident, plaintiff alleges he was attempting to close a hoistway door in the shaft of the second floor of the building. Defendant Otis Elevator Company...

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