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No Notice of Defect in Escalator Defeats Plaintiff's Claim

May 17, 2011

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Plaintiff alleged that she sustained personal injuries when the escalator she
was riding suddenly began to shake, causing her to fall to the ground.
Defendants, owners and lessees of the premises, argued that they had no actual
or constructive notice that anything was wrong with the escalator, and were
therefore entitled to summary judgment. The First Department agreed, noting that
the plaintiff failed to raise a triable issue of fact as to defendants' notice
of any defect. Further, plaintiff testified that she rode this particular
escalator often, knew of no complaints regarding its operation, and saw no
obvious and apparent problems with the escalator prior to her fall.

The
opinion was silent as to whether plaintiff had also brought suit against the
manufacturer or installer of the allegedly defective escalator, but the Court
granted the respective summary judgment motions of the lessees and owners of the
premises.

Thanks to Brian Gibbons for his contribution to this
post.

<a href="http://www.courts.state.ny.us/reporter/3dseries/2011/2011_03967.htm">http://www.courts.state.ny.us/reporter/3dseries/2011/2011_03967.htm</a>

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