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MERRICK v. MACERICH CO.

Index No. 158681/16, Appeal No. 1478-1479, Case No. 2023-02175.

2024 NY Slip Op 00234

DAVID MERRICK, Plaintiff-Respondent, v. MACERICH COMPANY, ET AL., Defendants-Respondents, ThyssenKRUPP ELEVATOR CORPORATION, Defendant-Appellant, SCHINDLER ELEVATOR CORPORATION, Defendant.

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

Decided January 18, 2024.

Attorney(s) appearing for the Case

Kaufman Dolowich Voluck, LLP, Woodbury ( Jorja Carr-Knecht of counsel), for appellant.

David Horowitz, P.C., New York ( Christopher S. Joslin of counsel), for David Merrick, respondent.

Raven & Kolbe, LLP, New York ( George S. Kolbe of counsel), for Macerich Company, Macerich Management Company and Macherich Queens Limited Partnership, respondents.

Before: Kern, J.P., Friedman, González, Shulman, JJ.

Order, Supreme Court, New York County (David B. Cohen, J.), entered November 30, 2022, which, to the extent appealed from as limited by the briefs, granted the motion of defendants Macerich Company, Macerich Property Management Company, LLC, and Macerich Queens Limited Partnership (collectively, Macerich) for conditional summary judgment on their cross-claims for contractual indemnification against defendant ThyssenKrupp Elevator Corporation (TEC) to the extent that Macerich...

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