GELL-TEJADA v. MACY'S RETAIL HOLDING, INC.

12278, 111235/10

116 A.D.3d 594 (2014)

984 N.Y.S.2d 345

2014 NY Slip Op 2712

NATALIA GELL-TEJADA, Individually and as Mother and Natural Guardian of MAXLEE GELL-TEJADA, an Infant, Respondent, v. MACY'S RETAIL HOLDING, INC., Respondent, and MANICO ELEVATOR & ELECTRICAL CO. et al., Appellants.

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

Decided April 22, 2014.


The infant plaintiff was injured when, while in Macy's Herald Square store, which has wooden escalators that were installed in 1922, his hand became caught in a metal comb plate at the bottom of an escalator where the moving stairs meet the floor. Dismissal of the complaint as against ThyssenKrupp was warranted because ThyssenKrupp established that even assuming that there was a defect in the escalator which caused the accident, it neither created the condition nor had notice...

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