NARAINASAMI v. CITY OF NEW YORK

2018-12574. Index No. 15788/09.

203 A.D.3d 831 (2022)

164 N.Y.S.3d 649

2022 NY Slip Op 01456

Ambeeka Narainasami, Individually and as Administratrix of the Estate of Antonio Narainasami, Deceased, Appellant, v. City of New York et al., Respondents, et al., Defendants. (And a Third-Party Action.)

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

Decided March 9, 2022.


Attorney(s) appearing for the Case

Jacoby & Meyers LLP (Finkelstein & Partners, LLP, Newburgh, NY [ Michael Feldman and Andrew L. Spitz ], of counsel), for appellant.

Wilson Elser Moskowitz Edelman & Dicker LLP, New York, NY ( Larry H. Lum and Melissa Greenberg of counsel), for respondents.

Chesney, Nicholas & Brower LLP, Syosset, NY ( John F. Janowski of counsel), for defendants Brink Elevator Corp., Herk Elevator Co., Inc., and Brink Elevator Corp., doing business as Herk Elevator Co., Inc.

McNamara & Horowitz LLP, New York, NY ( David Paul Horowitz , John T. McNamara , and Salvatore Lapetina of counsel), for defendant Otis Elevator Company.

Iannacci, J.P., Rivera, Maltese and Ford, JJ., concur.


Ordered that the order is affirmed insofar as appealed from, with costs.

On April 15, 2008, Antonio Narainasami (hereinafter the decedent) and several companions attended a New York Mets baseball game at Shea Stadium where they sat in the upper level. The decedent's group left during the eighth inning. Although escalators had been turned off at the end of the seventh inning and barricades had been placed to prevent spectators...

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