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Burgess v. Otis Elevator Co.

69 N.Y.2d 623 Court N.Y. Decision date 1986-12-16 English

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p. 623
Vilma Burgess et al., Respondents, v Otis Elevator Company, Defendant and Third-Party Plaintiff-Appellant. Morgan Guaranty Trust Company of New York, Third-Party Defendant-Respondent.
Argued November 10, 1986;
decided December 16, 1986
p. 625
APPEARANCES OF COUNSEL
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.

OPINION OF THE COURT

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 AD2d 784 ). Insofar as defendant Otis Elevator now urges that the charge on res ipsa was improperly given in view of plaintiffs 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.

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