Lasser v. Northrop Grumman Corp.

• Decision Date: 07 October 2008
• Docket Number: 2007-05541.
• Parties: ALAN LASSER, Respondent, v. NORTHROP GRUMMAN CORPORATION, Formerly Known as GRUMMAN CORPORATION, et al., Respondents-Appellants, and DOVER ELEVATOR COMPANY et al., Appellants-Respondents.
• Court: New York Supreme Court — Appellate Division

55 A.D.3d 561

865 N.Y.S.2d 301

2008 NY Slip Op 7628

ALAN LASSER, Respondent, v. NORTHROP GRUMMAN CORPORATION, Formerly Known as GRUMMAN CORPORATION, et al., Respondents-Appellants, and DOVER ELEVATOR COMPANY et al., Appellants-Respondents.

2007-05541.

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

October 7, 2008.

In an action to recover damages for personal injuries, the defendants Dover Elevator Company, ThyssenKrupp Elevator Company, formerly known as Dover Elevator Company, and Thyssen Dover Elevator Company appeal, as limited by their brief, from so much of an order of the Supreme Court, Suffolk County (Doyle, J.), dated May 14, 2007, as denied their renewed motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against them, and the defendants Northrop Grumman Corporation, formerly known as Grumman Corporation, and Northrop Grumman Systems Corporation, formerly known as Northrop Grumman Corporation and/or Grumman Corporation cross-appeal, as limited by their brief, from so much of the same order as denied their renewed cross motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against them, and denied their renewed cross motion, inter alia, to preclude the plaintiff's expert from testifying at trial.

Ordered that the order is modified, on the law, by (1) deleting the provision thereof denying the renewed motion of the defendants Dover Elevator Company, ThyssenKrupp Elevator Company, formerly known as Dover Elevator Company, and Thyssen Dover Elevator Company for summary judgment dismissing the complaint and all cross claims insofar as asserted against them and substituting therefor a provision granting the renewed motion, and (2) deleting the provision thereof denying the renewed cross motion of the defendants Northrop Grumman Corporation, formerly known as Grumman Corporation, and Northrop Grumman Systems Corporation, formerly known as Northrop Grumman Corporation and/or Grumman Corporation for summary judgment dismissing the complaint and all cross claims insofar as asserted against them, and substituting therefor a provision granting the renewed cross motion; as so modified, the order is affirmed insofar as appealed and cross-appealed from, with one bill of costs to the defendants appearing separately and filing separate briefs.

The plaintiff allegedly was injured when a freight elevator door closed on him. The defendants Dover Elevator Company, ThyssenKrupp Elevator Company, formerly known as Dover Elevator Company, and ...