Fasano v. Euclid Hall Assocs., L.P.
Decision Date | 09 February 2016 |
Parties | Danielle FASANO, as Administratrix of the Goods, Chattels and Credits which were of Mary Ann Fasano, Deceased, Plaintiff–Respondent, v. EUCLID HALL ASSOCIATES, L.P., et al., Defendants–Appellants–Respondents. Euclid Hall Associates, L.P., et al., Third–Party Plaintiffs–Appellants–Respondents, v. Unitec Elevator Company, Third–Party Defendant–Respondent–Appellant. |
Court | New York Supreme Court — Appellate Division |
136 A.D.3d 478
24 N.Y.S.3d 636
Danielle FASANO, as Administratrix of the Goods, Chattels and Credits which were of Mary Ann Fasano, Deceased, Plaintiff–Respondent,
v.
EUCLID HALL ASSOCIATES, L.P., et al., Defendants–Appellants–Respondents.
Euclid Hall Associates, L.P., et al., Third–Party Plaintiffs–Appellants–Respondents,
v.
Unitec Elevator Company, Third–Party Defendant–Respondent–Appellant.
Supreme Court, Appellate Division, First Department, New York.
Feb. 9, 2016.
Lester Schwab Katz & Dwyer, LLP, New York (Harry Steinberg and Steven B. Prystowsky of counsel), for appellants-respondents.
Geringer & Dolan LLP, New York (Pauline A. Mason of counsel), for respondent-appellant.
The Edelsteins, Faegenburg & Brown, LLP, New York (Paul J. Edelstein of counsel), for respondent.
FRIEDMAN, J.P., ACOSTA, ANDRIAS, SAXE, FEINMAN, JJ.
Order, Supreme Court, New York County (Milton A. Tingling, J.), entered May 16, 2014, which, to the extent appealed from as limited by the briefs, denied the motion of third-party defendant Alliance Elevator Company s/ h/a Unitec Elevator Company for summary judgment dismissing the complaint, and denied defendants/third-party plaintiffs' (together, Euclid) motion for summary judgment dismissing the complaint and, in the alternative, for conditional summary judgment on its common-law indemnification claim against Alliance, unanimously reversed, on the law, without costs, and the motion and cross motion for summary judgment dismissing the complaint granted. The Clerk is directed to enter judgment accordingly.
Plaintiff alleges that decedent sustained personal injuries when she tripped and fell over a misleveled elevator located in a building owned and managed by defendants. Defendant Euclid Hall Associates, L.P. had entered into a full service contract with Alliance for the building's four elevators.
Euclid and Alliance made a prima facie showing of the lack of a misleveling defect and of the lack of their prior notice of...
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