SCHINDLER v. AHEARN

2009-00625

69 A.D.3d 837 (2010)

894 N.Y.S.2d 462

2010 NY Slip Op 501

SCOTT SCHINDLER et al., Appellants, v. CHARLES D. AHEARN et al., Respondents.

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

Decided January 19, 2010.


Ordered that the order is affirmed, with costs.

The plaintiff Scott Schindler (hereinafter the plaintiff), an experienced elevator mechanic and inspector, entered the defendants' premises to perform an annual elevator inspection. He was accompanied by a colleague who was there to repair the elevator. The plaintiff and his colleague identified a problem with the "coupling," a component of, inter alia, the elevator's braking system. Despite his awareness of the danger...

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