COX v. PEPEFARERI ONE, LLC


47 A.D.3d 749 (2008)

850 N.Y.S.2d 559

YVETTE D. COX et al., Respondents-Appellants, v. PEPEFARERI ONE, LLC, Respondent, and THYSSEN ELEVATOR CORP., Appellant-Respondent.

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

Decided January 22, 2008.


Ordered that the order is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.

The plaintiff Yvette D. Cox allegedly was injured when, as she was entering an elevator, the elevator doors closed on her and crushed her. The defendant Thyssen Elevator Corp. (hereinafter Thyssen), which had been retained by the building lessee to service and maintain the elevator, failed to establish its prima facie entitlement to summary judgment dismissing...

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