GARCIA v. DPA WALLACE AVE. I, LLC

8693, 17167/07.

101 A.D.3d 415 (2012)

955 N.Y.S.2d 320

2012 NY Slip Op 8254

ELADIO GARCIA, Appellant, v. DPA WALLACE AVENUE I, LLC, et al., Defendants/Third-Party Plaintiffs-Respondents. START ELEVATOR, INC., Third-Party Defendant-Respondent.

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

December 4, 2012.


Plaintiff, an elevator mechanic, was in an elevator pit preparing to dismantle components of the elevator when the "selector tape," a thin strip of metal, broke and "snapped" upwards, cutting his hand. He testified that the breakage of the tape was caused by the loosening of the shift to which the tape was connected, allowing the tape to bend, and the tension put on the tape created by gravitational force on a weight in the overhead room, which essentially acts as a counterweight...

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