Verder v. Schack

Pécora, J.

Motion to dismiss third party complaint is granted. Third party plaintiffs were sued as the owners of a building for injuries received as a result of a fall down the shaftway of the elevator hoistway in the building. The third party complaint alleges that the third party defendant was a lessee of the third floor of the premises and was in control of the third floor including the elevator, elevator door and elevator locks. It further alleges that if recovery is had by plaintiffs against them, then such liability was caused by the primary and active negligence of the third party…