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BARCLIFF v. SCHINDLER ELEVATOR CORP.

2020-02086. Index No. 503509/14.

197 A.D.3d 1228 (2021)

151 N.Y.S.3d 638

2021 NY Slip Op 05019

Gail Barcliff, Respondent, v. Schindler Elevator Corp., Defendant, and Nouveau Elevator Industries, Inc., Defendant/Third-Party Plaintiff-Appellant. Brookdale Hospital Medical Center, Third-Party Defendant-Respondent.

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

Decided September 22, 2021.

Attorney(s) appearing for the Case

Rebore Thorpe & Pisarello, Farmingdale, NY ( Timothy J. Dunn III of counsel), for defendant third-party plaintiff-appellant.

Marc J. Bern & Partners, LLP, New York, NY ( Mollie Wellins of counsel), for plaintiff-respondent.

Lewis Johs Avallone Aviles, LLP, New York, NY ( Carl A. Formicola of counsel), for third-party defendant-respondent.

Mastro, J.P., Duffy, Brathwaite Nelson and Dowling, JJ., concur.

Ordered that the order is affirmed, with one bill of costs.

On August 8, 2012, the plaintiff was using an elevator in a building owned by Brookdale Hospital Medical Center (hereinafter Brookdale Hospital) when the elevator door allegedly closed improperly on her without warning. The plaintiff subsequently commenced the instant action, inter alia, to recover damages for personal injuries against, among others, Nouveau Elevator...

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