Legal Opinion
Abato v. Millar Elevator Service Co.
Appellate Division of the Supreme Court of the State of New York
Decided May 7, 1999PublishedCited by 5 opinions
1Opinion of the Court
—Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court properly denied the motion of defendant American Loss Prevention Services (American) for summary judgment insofar as it sought dismissal of the negligence cause of action. Joseph S. Abato (plaintiff), whose duties as an employee of Trico Products (Trico) included operation of a freight elevator, was an intended beneficiary of American’s agreement with Trico to inspect its elevators and certify that they were in compliance with applicable safety codes, as…
2Cases cited4 opinions
- Passaretti v. Aurora Pump Co.Appellate Division of the Supreme Court of the State of New York · 1994
- Scahall v. Unigard InsuranceAppellate Division of the Supreme Court of the State of New York · 1995
- Luthart v. DaneshAppellate Division of the Supreme Court of the State of New York · 1994
- Cassell v. Babcock & Wilcox Co.Appellate Division of the Supreme Court of the State of New York · 1992
3Cited by5 opinions
- Abato v. Millar Elevator Service Co.Appellate Division of the Supreme Court of the State of New York · 2002
- Automobile Ins. Co. of Hartford v. Murray, Inc.District Court, W.D. New York · 2008
- SAVAGE, SUZANNE K. v. ANDERSON'S FROZEN CUSTARD, INC.Appellate Division of the Supreme Court of the State of New York · 2012
- Savage v. Anderson's Frozen Custard, Inc.Appellate Division of the Supreme Court of the State of New York · 2012
- Savage v. Anderson's Frozen Custard, Inc.Appellate Division of the Supreme Court of the State of New York · 2012