Chanice v. Federal Express Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Supreme Court, New York County (Joan A. Madden, J.), entered April 15, 2013, which granted defendant Federal *635Express Corporation’s (FedEx) motion to dismiss the amended complaint as asserted against it pursuant to CPLR 3211 (a) (7), unanimously reversed, on the law, without costs, and the motion denied.
The complaint alleges that the top portion of a bi-folding industrial elevator door struck plaintiff in the head as he was entering the elevator when a FedEx employee, who had boarded the elevator before plaintiff, pushed the button to close the door while his back was to the door. As a…
2Cases cited4 opinions
- Basso v. MillerNew York Court of Appeals · 1976
- People v. EvansNew York Court of Appeals · 2000
- Carmona v. MathissonAppellate Division of the Supreme Court of the State of New York · 2012
- Aiosa v. Mercy Medical CenterAppellate Division of the Supreme Court of the State of New York · 2006
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