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VERA v. NEW YORK ELEVATOR & ELECTRICAL CORP.

2015-02080. Index No. 16651/08.

150 A.D.3d 927 (2017)

55 N.Y.S.3d 114

2017 NY Slip Op 03795

SALVADOR VERA et al., Respondents, v. NEW YORK ELEVATOR & ELECTRICAL CORPORATION, Doing Business as NEW YORK ELEVATOR COMPANY, Appellant. (And a Third-Party Action.).

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

Decided May 10, 2017.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff Salvador Vera (hereinafter the injured plaintiff) allegedly was injured by a malfunctioning elevator which was maintained by the defendant. The injured plaintiff, and his wife suing derivatively, commenced this action to recover damages for personal injuries. The defendant moved, among other things, to dismiss the complaint for failure to comply with a 90-day notice served pursuant...

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