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FIERMONTI v. OTIS ELEVATOR COMPANY

No. 2011-04202.

94 A.D.3d 691 (2012)

941 N.Y.S.2d 657

2012 NY Slip Op 2449

MICHAEL FIERMONTI et al., Respondents, v. OTIS ELEVATOR COMPANY, Appellant.

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

Decided April 3, 2012.

Ordered that the order is affirmed, with costs.

The injured plaintiff allegedly sustained personal injuries when the freight elevator he was riding suddenly dropped 8 to 12 inches as he was attempting to step out of the elevator car while pushing a dolly. The plaintiff and his wife, suing derivatively, commenced this action against the defendant, Otis Elevator Company (hereinafter Otis), the company retained to service and maintain the elevator, claiming that the...

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