XX v. DUNWELL EL. ELEC. INDUS., INC.

160585/14. Appeal No. 12290. Case No. 2019-04705.

188 A.D.3d 443 (2020)

135 N.Y.S.3d 372

2020 NY Slip Op 06376

XX et al., Appellants, v. Dunwell Elevator Electrical Industries, Inc., et al., Appellants, and Synoptic Management Corp., Respondent. Dunwell Electrical Industries, Inc., Second Third-Party Plaintiff, v. Teresa Daly, Second Third-Party Defendant. (And a Third-Party Action.)

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

Decided November 5, 2020.


Plaintiffs commenced this action to recover for personal injuries allegedly sustained by the infant plaintiff (plaintiff) after she fell down an elevator shaft in the cooperative apartment building in which her family resided when the elevator shaftway door opened while the cab was on a different floor. Plaintiff's accident occurred when she backed into the elevator shaft in the building's lobby without the cab there after her nanny had used a "drop key" to unlock the shaft...

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