Petersen v. Forty-Five Nevins St. Corp.
| Decision Date | 31 December 1964 |
| Docket Number | FORTY-FIVE |
| Citation | 256 N.Y.S.2d 113,22 A.D.2d 960 |
| Parties | John H. PETERSEN, Plaintiff-Respondent-Appellant, v.NEVINS STREET CORPORATION, Defendant-Appellant, Charles F. Noyes Co., Inc., Defendant-Respondent-Appellant, and Seaberg Elevator Co., Inc., Defendant-Respondent. |
| Court | New York Supreme Court — Appellate Division |
Terhune, Gibbons & Mulvehill, New York City, for appellant Forty-Five Nevins St. Corp., and Chas. F. Noyes Co., Inc., defendant-respondent-appellant; Wm. J. Magee, New York City, of counsel.
Rudser & Fitzmaurice, New York City, for respondent Seaberg Elevator Co.; Wm. F. McNulty, New York City, of counsel.
Wilson, Spiegelman & Sternin, Brooklyn, for plaintiff-respondent-appellant Petersen; Harry A. Spiegelman, Brooklyn, of counsel.
Before BELDOCK, P. J., and UGHETTA, KLEINFELD, HILL and RABIN, JJ.
MEMORANDUM BY THE COURT.
In a negligence action to recover damages for personal injury sustained by plaintiff in a building when he tripped and fell while alighting from a self-service passenger elevator which had stopped below the floor level, in which the three defendants are the building owner, Forty-Five Nevins Street Corporation; the building agent, Charles F. Noyes Co., Inc.; and the elevator maintenance company, Seaberg Elevator Co., Inc.; in which the owner and the agent interposed a cross claim against the maintenance company and the latter interposed cross claims against the owner and agent, the parties cross appeal as follows from an order and judgment of the Supreme Court, Kings County, entered respectively May 10, 1962 and October 11, 1962 after a jury trial:
(1) The owner appeals:
(a) from the order, made upon the decision of the court (36 Misc.2d 178, 232 N.Y.S.2d 420), which granted plaintiff's motion and which set aside the jury's verdict in the owner's favor and directed a new trial as between the owner and the plaintiff; and
(b) from so much of the judgment as dismissed the owner's cross complaint against the maintenance company Seaberg.
(2) The agent Noyes appeals from so much of the judgment as dismissed its cross complaint against the maintenance company Seaberg.
(3) The plaintiff appeals from so much of the judgment as dismissed the complaint against the agent Noyes and as awarded judgment to the maintenance company Seaberg upon the court's directed verdict in its favor.
Order reversed on the law and the facts, without costs; plaintiff's motion to set aside the verdict as to the owner, Forty-Five Nevins Street Corporation, denied; verdict insofar as it is in favor of said owner, reinstated; and amended judgment directed to be entered accordingly in favor of the owner against the plaintiff, without costs.
Judgment, insofar as appealed from by the respective parties, affirmed without costs.
In our opinion, the trial court erred in setting aside the verdict on...
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