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CASEY v. NEW YORK ELEVATOR & ELECTRICAL CORPORATION

4630, 116522/08.

82 A.D.3d 639 (2011)

920 N.Y.S.2d 308

BARBARA CASEY, as Administratrix of the Goods, Chattels and Credits of KIERAN CASEY, Deceased, Respondent, v. NEW YORK ELEVATOR & ELECTRICAL CORPORATION, Appellant, and WINOKER REALTY CO., INC., Respondent.

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

Decided March 29, 2011.

On September 12, 2008, plaintiff's decedent, Kieran Casey, fell to his death in an elevator shaft at a building managed by defendant Winoker and for which defendant New York Elevator allegedly maintained the elevator.

An elevator company which agrees to maintain an elevator in safe operating condition may be liable to a passenger for failure to correct conditions of which it has knowledge, or failure to use reasonable care to discover and correct a condition which...

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