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WINTER v. ESRT EMPIRE STATE BLDG., LLC

2019-07581. Index No. 600134/15.

201 A.D.3d 842 (2022)

161 N.Y.S.3d 314

2022 NY Slip Op 00332

John Winter et al., Respondents, v. ESRT Empire State Building, LLC, et al., Defendants/Third-Party Plaintiffs. Otis Elevator Company, Defendant/Third-Party Defendant-Appellant.

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

Decided January 19, 2022.

Attorney(s) appearing for the Case

McGaw, Alventosa & Zajac, Jericho, NY ( Ross P. Masler of counsel), for defendants third-party plaintiffs-appellants.

McNamara & Horowitz LLP, New York, NY ( John McNamara of counsel), for defendant third-party defendant-respondent.

Connolly, J.P., Hinds-Radix, Roman and Dowling, JJ., concur.

Ordered that the order is affirmed, with costs.

The plaintiff John Winter (hereinafter the injured plaintiff) allegedly was injured when he was struck in the head by the door of a freight elevator on the loading dock of the Empire State Building. The building is owned and operated by the defendants/third-party plaintiffs ESRT Empire State Building, LLC, and Empire State Realty Trust, Inc. (hereinafter together the ESRT...

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