FYALL v. CENTENNIAL ELEVATOR INDUSTRIES, INC.


43 A.D.3d 1103 (2007)

843 N.Y.S.2d 137

MARVA FYALL, Appellant, v. CENTENNIAL ELEVATOR INDUSTRIES, INC., Respondent, et al., Defendant.

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

Decided September 25, 2007.


Ordered that the order is reversed, on the law, with costs, and the motion of the defendant Centennial Elevator Industries, Inc., for summary judgment dismissing the complaint insofar as asserted against it is denied.

The plaintiff allegedly was injured when the elevator she was riding in descended rapidly and came to an abrupt stop, out of alignment with the floor. The plaintiff commenced this action against, among others, Centennial Elevator Industries, Inc. (hereinafter...

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