Legal Opinion
Burgess v. Otis Elevator Co.
New York Court of Appeals
Decided December 16, 1986PublishedCited by 30 opinions
1Opinion of the Court
OPINION OF THE COURT
Judgment appealed from and prior nonfinal order of the Appellate Division brought up for review affirmed, with costs, for reasons stated in the memorandum of the Appellate Division (114 AD2d 784). Insofar as defendant Otis Elevator now urges that the charge on res ipsa was improperly given in view of plaintiffs contributory negligence, that issue was not preserved at the trial court.
Concur: Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Titone and Hancock, Jr. Taking no part: Judge Meyer.
2Cases cited1 opinion
- Burgess v. Otis Elevator Co.Appellate Division of the Supreme Court of the State of New York · 1985
3Cited by30 opinions
- Ezzard v. One E. Riv. Place Realty Co., LLCAppellate Division of the Supreme Court of the State of New York · 2015
- Carolyn S. Newell v. Westinghouse Electric Corporation, Doing Business as Westinghouse Elevator Company, a Division of Said CorporationCourt of Appeals for the Seventh Circuit · 1994
- Walden v. Otis Elevator Co.Appellate Division of the Supreme Court of the State of New York · 1991
- Dickman v. Stewart Tenants Corp.Appellate Division of the Supreme Court of the State of New York · 1995
- Carrasco v. Millar Elevator Industries, Inc.Appellate Division of the Supreme Court of the State of New York · 2003
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