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GUZMAN v. SAKS FIFTH AVE. CORP.

141 A.D.2d 801 (1988)

Ernesto J. F. Guzman, Respondent, v. Saks Fifth Avenue Corp. et al., Defendants, and Otis Elevator Company, Defendant and Third-Party Plaintiff-Appellant. Denham Food Service, Inc., Third-Party Defendant-Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 27, 1988

Ordered that interlocutory judgment is affirmed insofar as appealed from, with one bill of costs.

We find that the evidence supported the jury verdict finding Otis at fault and that the verdict was not against the weight of the evidence. A jury may infer negligent inspection and repair in the maintenance of an elevator from evidence that the hoistway doors automatically opened in the absence of the elevator cab, and the interlock system, which was designed to prevent...

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