CORDEIRO v. TS MIDTOWN HOLDINGS, LLC

118308/06, 590121/08, 5182

87 A.D.3d 904 (2011)

931 N.Y.S.2d 41

2011 NY Slip Op 6457

JOHN CORDEIRO et al., Respondents-Appellants, v. TS MIDTOWN HOLDINGS, LLC, et al., Appellants-Respondents. TS MIDTOWN HOLDINGS, LLC, Third-Party Plaintiff-Appellant-Respondent, v. SCHINDLER ELEVATOR CORPORATION, Third-Party Defendant-Respondent.

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

Decided September 15, 2011.


Plaintiff John Cordeiro, an employee of third-party defendant Schindler, was injured while preparing to remove elevator equipment from a building owned and managed by defendants by hoisting it through hatchway doors connecting a motor room with the floor below it. As plaintiff was sliding open the latch to the doors, they unexpectedly opened, causing him to fall to the floor below.

Plaintiffs met their prima facie burden of establishing entitlement to partial summary...

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