Appellate Division of the Supreme Court of the State of New York February 14, 2006 (Scope v. Federated Department Stores, Inc.)

Appeal from order, Supreme Court, New York County (Walter B. Tolub, J.), entered April 12, 2005, which, in an action for personal injuries allegedly caused by a malfunctioning escalator owned by defendant department store and maintained by defendant-appellant contractor, insofar as appealed from as limited by the briefs, denied the contractor’s motion for summary judgment dismissing the complaint