LONIGRO v. WFP TOWER B. CO. L.P.

152232/15. 595096/20. Appeal No. 14554. Case No. 2020-04839.

199 A.D.3d 573 (2021)

158 N.Y.S.3d 84

2021 NY Slip Op 06547

Frank Lonigro et al., Respondents-Appellants, v. WFP Tower B. Co. L.P. et al., Appellants-Respondents, et al., Defendant. WFP Tower B Co. L.P., Third-Party Plaintiff-Appellant-Respondent, et al., Third-Party Plaintiff, v. Structure Tone Inc., Third-Party Defendant-Respondent.

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

Decided November 23, 2021.


Attorney(s) appearing for the Case

Kaufman Dolowich & Voluck, White Plains ( Matthew Rosen of counsel), for appellants-respondents.

Sullivan Papain Block McGrath Coffinas & Cannavo P.C., New York ( Christopher J. DelliCarparini of counsel), for respondents-appellants.

Cullen and Dykman LLP, New York ( Daniel P. Mevorach of counsel), for respondent.

Concur—Acosta, P.J., Renwick, Kapnick, Kennedy, Mendez, JJ.


This action arises from injuries sustained by plaintiff Frank Lonigro when he was a passenger in an elevator that dropped and abruptly stopped. Plaintiffs sue, among others, both the owner of the property, WFP, and Thyssenkrup Elevator Corporation (TEC), the company hired by the owner to do regular maintenance work on the elevator system.

Supreme Court properly denied TEC's motion for summary judgment. TEC failed to establish that the doctrine of res ipsa loquitur...

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