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CASEY v. NEW YORK ELEVATOR & ELECTRICAL CORPORATION

10462, 116522/08.

107 A.D.3d 597 (2013)

968 N.Y.S.2d 58

2013 NY Slip Op 4745

BARBARA CASEY, Respondent, v. NEW YORK ELEVATOR & ELECTRICAL CORPORATION, Appellant-Respondent/Third-Party Plaintiff-Appellant-Respondent, and WINOKER REALTY CO., INC., Respondent-Appellant. BROADWAY 36TH REALTY, LLC, Third-Party Defendant-Respondent-Appellant.

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

Decided June 25, 2013.

In this action, plaintiff seeks damages for the alleged wrongful death of decedent, who fell down a freight elevator shaft in a building owned by third-party defendant Broadway and managed by defendant Winoker.

The amended complaint should have been dismissed as against defendant/third-party plaintiff NYE in its entirety. NYE did not have an exclusive agreement with Broadway to maintain or service the freight elevator (compare Rogers v Dorchester Assoc.,

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