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SAMAROO v. PATMOS FIFTH REAL ESTATE, INC.

2011-08158.

102 A.D.3d 944 (2013)

959 N.Y.S.2d 229

2013 NY Slip Op 472

JOSEPH SAMAROO et al., Respondents, v. PATMOS FIFTH REAL ESTATE, INC., Defendant/Third-Party Plaintiff-Respondent, MAZL BUILDING, LLC, Appellant, and ROTAVELE ELEVATOR, INC., Defendant/Third-Party Defendant-Appellant, et al., Defendants.

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

Decided January 30, 2013.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs to the plaintiffs payable by the defendant Mazl Building, LLC, and one bill of costs to the defendant/third-party plaintiff, Patmos Fifth Real Estate, Inc., payable by the defendant/third-party defendant, Rotavele Elevator, Inc.

On October 14, 2006, the plaintiffs, Joseph Samaroo and Stephen Herman, were installing rails and brackets in an elevator

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