Ney & Chapman Prevail In NYC Elevator Case
Pete Ney and Mike Chapman obtained a dismissal of their client in a recent, procedurally unusual elevator case. Plaintiffs owned and operated a department store in New York City, were sued by a customer who was injured in an elevator accident, and Rendigs’ client was under contract to maintain the elevator. After litigating the case for two years and filing a third party complaint against the maintenance company in New York, Plaintiffs filed another third party contractual defense and indemnity claim against our client in Ohio pursuant to a forum selection clause in the maintenance contract. In response, we filed a motion to dismiss on numerous grounds. The Court granted the motion holding that when Plaintiffs filed their third party complaint in the New York action, they voluntarily submitted to the jurisdiction of that court and waived any rights it previously had to enforce the forum selection clause. The decision was not appealed.