VERSACE v. 1540 BROADWAY L.P.

3381, 112302/07.

148 A.D.3d 483 (2017)

2017 NY Slip Op 01813

48 N.Y.S.3d 666

MARK VERSACE, Appellant, v. 1540 BROADWAY L.P. et al., Respondents, et al., Defendants. (And a Third-Party Action.) SCHINDLER ELEVATOR CORPORATION, Second Third-Party Plaintiff, v. ELPRO, INC., Second Third-Party Defendant, and VERTITRON MIDWEST, INC., Second Third-Party Defendant-Respondent.

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

Decided March 15, 2017.


Plaintiff, an elevator mechanic, allegedly was injured in January 2006 when an elevator that he had been dispatched to repair suddenly dropped, with him inside, allegedly because a defective shim had caused the guide shoe to crack and because of the failure of a low-pressure switch. Defendant Minnesota and third-party defendant Vertitron established prima facie that the low-pressure switch and the shim (a piece bolted between the guide shoes and the elevator cab to create...

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