Vogel v. Herk Elevator Co.

—In an action to recover damages for personal injuries based on negligence, the defendant Otis Elevator Company appeals from an order of the Supreme Court, Westchester County (Lefkowitz, J.), entered April 23, 1996, which denied its motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against it.

Ordered that the order is modified, on the law, by deleting the provision denying the motion in its entirety and substituting therefor a provision granting partial summary judgment to the defendant Otis Elevator Company dismissing so much of the complaint as…