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Daniels v. Otis Elevator Company

Appellate Division of the Supreme Court of New York, First Department
Feb 27, 1997
236 A.D.2d 330 (N.Y. App. Div. 1997)

Opinion

February 27, 1997.

Order, Supreme Court, New York County (Emily Jane Goodman, J.), entered on or about June 27, 1996, which denied defendant Flynn-Hill Elevator Corporation's motion for summary judgment and granted plaintiffs' cross motion for an examination before trial of Ronald Moore, unanimously affirmed, with costs.

Before: Murphy, P.J., Sullivan, Rubin and Andrias, JJ.


Since documentary evidence and the deposition testimony of one of Flynn-Hill's employees shows that there is a likelihood that another employee of Flynn-Hill, namely Ronald Moore, will provide information that will establish whether Flynn-Hill created the condition that caused the instant accident and whether Flynn-Hill had notice of the condition, the motion court properly directed the deposition of Mr. Moore and denied summary judgment as premature (CPLR 3212 [f]; see, Zollner v City of New York, 204 AD2d 626).


Summaries of

Daniels v. Otis Elevator Company

Appellate Division of the Supreme Court of New York, First Department
Feb 27, 1997
236 A.D.2d 330 (N.Y. App. Div. 1997)
Case details for

Daniels v. Otis Elevator Company

Case Details

Full title:DENZIL DANIELS et al., Respondents, v. OTIS ELEVATOR COMPANY, Respondent…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Feb 27, 1997

Citations

236 A.D.2d 330 (N.Y. App. Div. 1997)
655 N.Y.S.2d 335

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