SAMUEL v. BRAUN ELEVATOR CONSULTANTS, INC

The contract between defendant E.G. Elevator Company and the Veterans Administration, plaintiff's employer, specifically provided that said defendant would inspect the elevators in the subject building and submit an itemized list of proposed repairs and the Veterans Administration would determine which repairs said defendant would make and which repairs it would undertake itself. Here, the Veterans Administration undertook responsibility itself with respect to the faulty electric eye which is alleged to have been the cause of plaintiff's injuries (see, Eaves Brooks Costume Co. v. Y.B.H. Realty Corp., 76 N.Y.2d 220; Public Adm'r of County of N.Y. v. Fifth Ave. Dev. Corp., 180 A.D.2d 473).

Concur — Ellerin, J.P., Ross, Nardelli and Williams, JJ.