New York Court of Appeals
Adele Rogers v. Dorchester Associates, Defendant Milstein Associates, and Otis Elevator Company
June 8, 197332 N.Y.2d 553
Summary
The New York Court of Appeals reinstated the jury's verdict against Otis Elevator Company for negligence inferred from prior door malfunctions and affirmed the owners' cross‑claim for indemnification, holding that the maintenance contract created an exclusive duty of care, the contractual limitation of liability is void, and the owners' statutory nondelegable duty does not preclude recovery from Otis.