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ILEIWAT v. PS MARCATO ELEVATOR CO., INC.

10564. 150343/10.

178 A.D.3d 517 (2019)

115 N.Y.S.3d 269

2019 NY Slip Op 08946

Abdullah Ileiwat, Appellant, v. PS Marcato Elevator Co., Inc., et al., Respondents. PS Marcato Elevator Co., Inc., Third-Party Plaintiff-Respondent, v. G.R. Housing Corporation, Third-Party Defendant-Respondent. (And a Second Third-Party Action.).

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

Decided December 12, 2019.

Attorney(s) appearing for the Case

Pollack, Pollack, Isaac & DeCicco, LLP, New York ( Michael H. Zhu of counsel), for appellant.

Lawrence, Worden, Rainis & Bard, P.C., Melville ( Michael E. Shay of counsel), for PS Marcato Elevator Co., Inc., respondent.

Lester Schwab Katz & Dwyer, LLP, New York ( Daniel S. Kotler of counsel), for Cooper Square Realty, respondent.

Linda A. Stark , New York, for G.R. Housing Corporation, respondent.

Concur—Richter, J.P., Manzanet-Daniels, Webber, Gesmer, JJ.

Plaintiff alleges that he was injured by an elevator falling on him while he was in the elevator pit in a building owned by G.R., which contracted with Cooper Square to maintain the building and with PS Marcato to maintain the elevators.

Contrary to Cooper Square's contention, the complaint and bill of particulars, construed in the light most favorable to plaintiff, allege that PS Marcato owed plaintiff a duty of care because, in failing to exercise reasonable care...

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