Witz v. Cadillac Hotel, Inc.

— Judgment and orders affirmed, with costs. Memorandum: The court is unanimous in its opinion that the judgment in favor of plaintiff against both defendants be affirmed. We also unanimously agree that the order of Special Term which denied defendant Elevator Company’s motion to dismiss the cross claim should be affirmed. We who vote to affirm the judgment in favor of Cadillac Hotel on its cross claim, do so on the following grounds. Defendant, Elevator Company contracted with defendant Cadillac Hotel (owner) to maintain, inspect and repair the owner’s street elevator. The Elevator Company…