Pelzer v. Transel Elevator & Electric Inc.

Friedman and McGuire, JJ.,

dissent in a memorandum by McGuire, J., as follows: Plaintiff was a passenger in a freight elevator that stalled above the first floor of the building in which plaintiff worked as a porter. Using a walkie-talkie, plaintiff notified the building’s superintendent, Bent, who was employed by defendant 5421 Equities Co. (5421 Equities), the owner of the premises, of the situation. Bent and Genyuk, an employee of Transel Elevator & Electric Inc. (Transel), the company that maintained the elevators in the building, went to the motor room of the freight elevator, which was…