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MATTHEWS v. TRUMP 767 FIFTH AVENUE, LLC

50 A.D.3d 486 (2008)

858 N.Y.S.2d 20

ANTHONY MATTHEWS et al., Respondents, v. TRUMP 767 FIFTH AVENUE, LLC, et al., Respondents-Appellants, and OTIS ELEVATOR COMPANY, Respondent, et al., Defendant. TRUMP 767 FIFTH AVENUE, LLC, et al., Third-Party Plaintiffs-Respondents-Appellants, v. TRIANGLE SERVICES, INC., Third-Party Defendant-Appellant-Respondent.

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

Decided April 22, 2008.

We note that it is Triangle, not plaintiff, who is appealing the dismissal of plaintiff's negligence claim against Otis. Otis made a prima facie showing that the Wall Glider was operating properly on the day of the accident, based on the testimony of plaintiff, Otis's resident mechanic, and Otis's expert (see Santoni v Bertelsmann Prop., Inc., 21 A.D.3d 712 [2005]). Plaintiff's assertions...

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