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MACON v. ARNLIE REALTY CO.

190 A.D.2d 642 (1993)

Roscoe Macon, Respondent, v. Arnlie Realty Co. et al., Defendants, and Higdon Elevator Company, Inc., Appellant. (And Third-, Fourth- and Fifth-Party Actions.)

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

February 25, 1993

The mere fact that defendant-appellant elevator maintenance service company ceased to be in possession and exclusive control of the elevator area where the accident occurred approximately three months prior to the accident does not absolve it of liability as a matter of law. Appellant can still be liable if it had knowledge of the alleged dangerous conditions surrounding the elevator and its appurtenances that it was contractually...

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