KELLY v. NEWMARK & COMPANY REAL ESTATE, INC.


51 A.D.3d 1247 (2008)

858 N.Y.S.2d 439

ELIZABETH KELLY et al., Plaintiffs, v. NEWMARK & COMPANY REAL ESTATE, INC., et al., Defendants and Third-Party Plaintiffs-Respondents. THYSSENKRUPP ELEVATOR CORPORATION, Also Known as THYSSEN ELEVATOR COMPANY and/or THYSSEN DOVER ELEVATOR COMPANY, Third-Party Defendant-Appellant.

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

Decided May 15, 2008.


Mercure, J.P.

In December 2001, plaintiff Elizabeth Kelly was injured when she fell forward after stepping into an elevator that had misleveled on the second floor of a building owned and managed by defendants. Kelly and her husband, derivatively, commenced this action against defendants, who in turn commenced a third-party action against third-party defendant, Thyssenkrupp Elevator Corporation, which had entered into a service agreement with defendants to perform...

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