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POLINI v. SCHINDLER ELEVATOR CORPORATION

2749, 107572/11.

146 A.D.3d 536 (2017)

2017 NY Slip Op 00254

43 N.Y.S.3d 900

IVANA POLINI, Respondent, v. SCHINDLER ELEVATOR CORPORATION, Appellant, et al., Defendants.

Appellate Division of the Supreme Court of New York, First Department.

Decided January 12, 2017.

Schindler's arguments that the wooden panel that its workers leaned against the wall was open and obvious, that plaintiff failed to use her senses to observe it, and that any barricades or warnings would not have prevented the accident, are unpreserved as they were not presented to the motion court (see e.g. Gyabaah v Rivlab Transp. Corp., 129 A.D.3d 447 [1st Dept 2015]). In any event, we would find such arguments unavailing because...

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