DOKAJ v. RUXTON TOWER LIMITED PARTNERSHIP

2010-10287

91 A.D.3d 812 (2012)

938 N.Y.S.2d 101

2012 NY Slip Op 483

DON DOKAJ et al., Appellants, v. RUXTON TOWER LIMITED PARTNERSHIP et al., Respondents, et al., Defendants. (And a Third-Party Action.)

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

Decided January 24, 2012.


Ordered that the order dated September 21, 2010, is affirmed insofar as appealed from, with one bill of costs payable to the respondents appearing separately and filing separate briefs.

In 1994, the injured plaintiffs, and their wives, suing derivatively, commenced this action to recover damages for personal injuries allegedly sustained on August 21, 1993, when the elevator in which the injured plaintiffs were passengers suddenly fell several stories. In an order...

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