Citation Codes Equivalent Citations citation codes Attorney(S) Steven J. Ahmuty, Jr., for Marvin V. Ausubel for Vilma Burgess another, James P. McCall for Morgan Guaranty Trust Company of New York, See more information ... Smart Summary Please sign up to generate summary. VILMA BURGESS et al., Respondents, v. OTIS ELEVATOR COMPANY, Defendant and Third-Party Plaintiff-Appellant. MORGAN GUARANTY TRUST COMPANY OF NEW YORK, Third-Party Defendant-Respondent. Judgment appealed from and prior nonfinal order of the Appellate Division brought up for review affirmed, with costs, for reasons stated in the memorandum of the Appellate Division ( 114 A.D.2d 784). Insofar as defendant Otis Elevator now urges that the charge on res ipsa was improperly given in view of plaintiff's contributory negligence, that issue was not preserved at the trial court. Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR. Taking no part: Judge MEYER.