BAEZ v. 1749 GRAND CONCOURSE LLC

10567. 309276/11.

178 A.D.3d 520 (2019)

115 N.Y.S.3d 265

2019 NY Slip Op 08948

Eileen Baez, Respondent-Appellant, v. 1749 Grand Concourse LLC et al., Appellants-Respondents, Municipal Inspection Corporation, Respondent, and Dunwell Elevator Electrical Industries, Inc., Respondent-Appellant, et al., Defendants.

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

Decided December 12, 2019.


Attorney(s) appearing for the Case

Carol R. Finocchio , New York, for appellants-respondents.

Antin Ehrlich & Epstein LLP, New York ( Anthony V. Gentile of counsel), for Eileen Baez, respondent-appellant.

Gottlieb Siegel & Schwartz, LLP, New York ( Lauren M. Solari of counsel), for Dunwell Elevator Electrical Industries, Inc., respondent-appellant.

Clausen Miller P.C., New York ( Joseph J. Ferrini of counsel), for respondent.

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


While moving into his apartment at 1749 Grand Concourse, plaintiff's decedent fell down an elevator shaft and died. Defendants 1749 Grand Concourse LLC and Lemle & Wolff, Inc. were the owner and manager, respectively, of the building. Defendant Dunwell was an elevator maintenance company retained to perform maintenance on the building's elevators. Defendant Municipal was an elevator inspection company hired to inspect the elevators...

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