1 A.D.2d 957 | N.Y. App. Div. | 1956
Action by respondent Lilliam Wisner to recover damages for personal injuries sustained when she was struck by a door of the self-service elevator in the multiple dwelling in which she is a tenant, and by her husband for medical expenses and loss of services. The action was brought against the owner of the building and elevator service company with which the owner contracted to maintain, service and keep the elevator in operating condition. The complaint alleges that the accident was caused by negligent maintenance. The owner served a cross complaint against the service company on the ground, among others, that