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MALDONADO v. LIBERTY EL. CORP.

152395/17. 595773/17. 595370/18. 595300/20. Appeal No. 17334. Case No. 2021-03160.

213 A.D.3d 493 (2023)

183 N.Y.S.3d 399

2023 NY Slip Op 00816

Lucy Maldonado et al., Appellants, v. Liberty Elevator Corporation et al., Respondents, et al., Defendant. (And Third-Party Actions.) Liberty Elevator Corporation, Third Third-Party Plaintiff-Respondent, v. ESRT 10 Union Square L.L.C., Third Third-Party Defendant-Respondent.

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

Decided February 14, 2023.

Attorney(s) appearing for the Case

Jaroslawicz & Jaros PLLC, New York ( David Tolchin of counsel), for appellants.

Gottlieb Siegel & Schwartz LLP, New York ( Desiree L. Berger of counsel), for respondent.

Concur—Acosta, P.J., Webber, Friedman, Kennedy, Higgitt, JJ.

Order, Supreme Court, New York County (Shawn T. Kelly, J.), entered on or about July 27, 2021, which, to the extent appealed from, granted defendant Liberty Elevator Corporation's motion for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.

Defendant established prima facie that it owed no duty to plaintiffs by demonstrating that it did not launch a force or instrument of harm...

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