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SULLIVAN v. SCHINDLER ELEVATOR CORPORATION

513370.

94 A.D.3d 1207 (2012)

941 N.Y.S.2d 790

2012 NY Slip Op 2551

STEPHEN J. SULLIVAN et al., Respondents, v. SCHINDLER ELEVATOR CORPORATION, Appellant.

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

Decided April 5, 2012.

McCARTHY, J.

In 2001, plaintiff Stephen J. Sullivan (hereinafter plaintiff) was working as a security guard at the State Museum in the City of Albany. He tripped as he entered an elevator that had misleveled (i.e., stopped above the floor level) by approximately three inches, resulting in injuries. Plaintiff and his wife, derivatively, commenced this action against defendant, the company under an exclusive contract to perform maintenance

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