BUILDING OWNER’S AND ELEVATOR COMPANY’S MOTIONS FOR SUMMARY JUDGMENT IN THIS ELEVATOR-INJURY CASE PROPERLY DENIED.

The building owner’s (Boston Properties’) and elevator company’s (Otis’) motions for summary judgment in the elevator-injury case were properly denied:

“An elevator company which agrees to maintain an elevator in safe operating condition may be liable to a passenger for failure to correct conditions of which it has knowledge or failure to use reasonable care to discover and correct a condition which it ought to have found” … . Similarly, a building owner that hires an elevator maintenance company to maintain the elevator may be found liable if the owner received notice of a defect and failed to notify the elevator company about it … .

Here, both Otis and the Boston Properties defendants failed to establish their respective prima facie entitlement to judgment as a matter of law. The evidence offered in support of their respective motions, which included a transcript of the injured plaintiff’s deposition testimony and the bill of particulars describing the accident, failed to demonstrate, prima facie, that the elevator operated properly and was not defective, or that they had no actual or constructive notice of any alleged defective condition … . Orahovac v CF Lex Assoc., 2017 NY Slip Op 01219, 2nd Dept 2-15-17

 

NEGLIGENCE (BUILDING OWNER’S AND ELEVATOR COMPANY’S MOTIONS FOR SUMMARY JUDGMENT IN THIS ELEVATOR-INJURY CASE PROPERLY DENIED/ELEVATORS (BUILDING OWNER’S AND ELEVATOR COMPANY’S MOTIONS FOR SUMMARY JUDGMENT IN THIS ELEVATOR-INJURY CASE PROPERLY DENIED)