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BORTUGNO v. NEW YORK STATE URBAN DEV. CORP.

Index No. 150623/2013. Appeal No. 13026. Case No. 2020-02437.

191 A.D.3d 422 (2021)

137 N.Y.S.3d 711

2021 NY Slip Op 00618

Nicholas Bortugno et al., Plaintiffs, v. New York State Urban Development Corporation, Doing Business as Empire State Development Corporation, et al., Respondents, and Schindler Elevator Corporation et al., Appellants.

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

Decided February 4, 2021.

Attorney(s) appearing for the Case

Sabatini & Associates, New York ( Steve S. Efron of counsel), for appellants.

Eustace, Prezioso & Yapchanyk, New York ( Christopher M. Yapchanyk , of counsel), for respondents.

Concur—Kapnick, J.P., Mazzarelli, Moulton, Shulman, JJ.

Plaintiff was injured when he was hit in the head by the descending door of a freight elevator in a building owned by UDC. At the time, plaintiff was walking through the elevator, entering through the open doors on one side and exiting through the open doors on the other side. There is evidence that plaintiff had to use the elevator as a passageway because of the presence of a fence erected by UDC's managing agent.

UDC established prima facie that it neither created...

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