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SOOKRAJ v. SCHINDLER ELEVATOR CORPORATION

279 A.D.2d 371 (2001)

724 N.Y.S.2d 579

ROHANIE SOOKRAJ et al., Respondents-Appellants, v. SCHINDLER ELEVATOR CORPORATION et al., Appellants-Respondents. SCHINDLER ELEVATOR CORPORATION, Third-Party Plaintiff-Respondent, v. MARRIOTT CORPORATION, Third-Party Defendant-Appellant-Respondent.

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

Decided January 23, 2001.

Schindler's claim that the trial court erred in refusing to charge res ipsa loquitur with respect to its third-party claim against Marriott is unpreserved, and in any event without merit since Schindler contributed to the happening of the accident. The notice charge as to Schindler conveyed the proper legal standard (see, Rogers v Dorchester Assocs., 32 N.Y.2d 553), as did the framing of negligence and proximate cause into one interrogatory...

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