Lorenz v. 575 Fifth Avenue Associates

Judgment, Supreme Court, New York County (Stanley L. Sklar, J.), entered January 3, 1992, dismissing the action as against defendant and third-party plaintiff Otis Elevator Company, upon an order of the same court, entered September 19, 1991, which granted Otis’ motion to set aside the jury verdict finding it negligent and apportioning its liability at 49%, unanimously affirmed, without costs. The appeal from the order is dismissed as subsumed in the appeal from the judgment, without costs.

The trial court correctly directed judgment in favor of Otis notwithstanding verdict. Under its contract…