Burgess v. Otis Elevator Company

Full title: VILMA BURGESS et al., Respondents, v. OTIS ELEVATOR COMPANY, Defendant and…

Court: Court of Appeals of the State of New York

Date published: Dec 16, 1986

69 N.Y.2d 623 (N.Y. 1986)

511 N.Y.S.2d 227

503 N.E.2d 692

Opinion

Argued November 10, 1986

Decided December 16, 1986

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Alfred M. Ascione, J.

Steven J. Ahmuty, Jr., for appellant.

Marvin V. Ausubel for Vilma Burgess and another, respondents.

James P. McCall for Morgan Guaranty Trust Company of New York, respondent.

Judgment appealed from and prior nonfinal order of the Appellate Division brought up for review affirmed, with costs, for reasons stated in the memorandum of the Appellate Division ( 114 A.D.2d 784). Insofar as defendant Otis Elevator now urges that the charge on res ipsa was improperly given in view of plaintiff's contributory negligence, that issue was not preserved at the trial court.

Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR. Taking no part: Judge MEYER.