Sharp v. Scandic Wall Ltd. Partnership

OPINION OF THE COURT

Barbara R. Kapnick, J.

Plaintiff Gil Sharp seeks to recover damages for personal injuries he allegedly sustained on October 31, 1996 while work*255ing as an elevator mechanic. Plaintiff was allegedly directed by his supervisor at Millar Elevator to take elevator 35 at 40 Wall Street, which had not run for approximately 16 years, out of service. The elevator cab on which he was standing and working fell approximately 30 feet after he cut the cables holding the elevator based on his mistaken belief that the elevator had already landed on the bottom of the dark shaft.

Defendant 40…