STEWART v. WORLD ELEVATOR CO., INC.

4305, 302679/07.

84 A.D.3d 491 (2011)

922 N.Y.S.2d 375

KIRKWOOD STEWART et al., Appellants, v. WORLD ELEVATOR CO., INC., et al., Respondents.

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

Decided May 10, 2011.


Plaintiff Kirkwood Stewart (plaintiff), a security guard at the Fashion Institute of Technology (FIT), alleges that on July 18, 2006, he arrived at the building at approximately 5:38 A.M. and pressed a button to summon the elevator. The "A" building had two automatic elevators, designated as elevator No. 1 and elevator No. 2. When elevator No. 1 arrived, plaintiff entered and pressed the button for the 8th floor, intending to open up the rooms on the top floor and work his...

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