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COWSERT v. MACY'S EAST, INC.

508800.

79 A.D.3d 1319 (2010)

912 N.Y.S.2d 765

KIRIAN COWSERT, Individually and as Parent and Guardian of ELLA COWSERT, an Infant, Respondent, v. MACY'S EAST, INC., et al., Respondents, and BAY STATE ELEVATOR COMPANY et al., Appellants.

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

Decided December 9, 2010.

MALONE Jr., J.

Plaintiff commenced this action seeking damages for injuries sustained by her infant daughter on an escalator in a store operated by defendant Macy's East, Inc. As is relevant here, Macy's contracted with defendant ThyssenKrupp Elevator Corporation to maintain the escalator, and ThyssenKrupp, in turn, subcontracted with defendants Elevator Sales and Services, Inc. and Bay State Elevator Company (hereinafter collectively referred to as defendants) to...

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