—Ordеr of the Appellate Term of the Supreme Court,' First Department, entered November 12, 1971, which affirmed a judgment of the Civil Court, Bronx County, after a jury trial before Callahan, J., in favor of the plaintiff in the sum of $2,500 together with cоsts and disbursements, is affirmed. Respondent shall recover of appеllant $60 costs and disbursements of this appeal. On. his claim in a negligence action that he sustained injuries to his right hand when the" main floor elevator door caught his hand while he was trying to open it, the jury resolved any doubts in favor of the plaintiff as against the elevator repair comрany. The owner (whom the jury absolved) of the factory building in which the plaintiff worked, after a fire, had called in the defendant Flynn Hill Knudson Elevator Corp. to repair water damage to the elevator equipment. Thе elevator company had submitted a bill showing, among other things, that it had repaired “ main floor-and basement door locks ”. This was approximately one month before the accident. There was sufficient evidence to warrant the jury passing on the issue of fact as .to whether. Flynn Hill Knudson Elevator Corp. had knowledge of the condition of the elevаtor and negligently performed the repairs with respect to the elevator door in question. (See Rogers v. Dorchester Assoc., 39 A D 2d 878.) It cannot reasonably be said аs a matter of law that the jury was in error. (Kelly v. Watson
Alejandro v. Marks Woodworking Machinery Co.
337 N.Y.S.2d 293
N.Y. App. Div.1972Check TreatmentAI-generated responses must be verified and are not legal advice.
