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Elevator Mishap Does Not Equate to Elevator Malfunction (NY)

May 11, 2016

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A guy walks onto an elevator with a handtruck holding a stove, cabinet doors and other items.  When the door shuts, it knocks the unsecured doors onto the floor and the guy's foot.  So, of course, he sues the owner and the elevator servicing company.
In <a href="http://blog.wcmlaw.com/wp-content/uploads/2016/05/Kawka-v-135-55-35th-Realty-LLC-2016-NY-Slip-Op-03474.pdf">Kawka v. 135-55 35th Realty LLC</a>, the defendants successfully moved for summary judgment.  The property owner established that it did not have actual or constructive notice of any defect in the elevator door.  The servicing company established that its  maintenance contract  did not assume possession, management, or control of the elevator. Although an elevator maintenance company may be liable to a passenger for failure to correct conditions of which it had knowledge or failed to discover and correct, there was no such evidence in this case.
The plaintiff did produce an expert report.  However, the Second Department found it to be speculative and unsupported.
Thanks to LaurenTarangelo for her contribution.
For more information, contact Denise Fontana Ricci at <a href="mailto:dricci@wcmlaw.com">dricci@wcmlaw.com</a>.
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