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McMAHON v. METROPOLITAN LIFE INSURANCE CO.

277 A.D.2d 50 (2000)

715 N.Y.S.2d 146

WILLIAM McMAHON, Respondent, v. METROPOLITAN LIFE INSURANCE CO., Defendant, and FLYNN-HILL ELEVATOR CORP., Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided November 9, 2000.

Since the requisites for restoration were otherwise satisfied, and there was indication that plaintiff, in this case of alleged elevator misleveling in which the doctrine of res ipsa loquitur may have application (see, e.g., Dickman v Stewart Tenants Corp., 221 A.D.2d 158), may well have a meritorious cause of action, the motion court exercised its discretion appropriately in affording plaintiff another opportunity to demonstrate...

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