McGILLOWAY v. BLOCK 1289 ASSOCIATES


266 A.D.2d 35 (1999)

698 N.Y.S.2d 21

KENNETH J. McGILLOWAY, Respondent, v. BLOCK 1289 ASSOCIATES, Appellant.

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

Decided November 9, 1999.


Liability was properly imposed on defendant, an out-of-possession owner, in light of plaintiff's demonstration that the absence of a slow-down limit switch on the elevator in defendant's building involved in plaintiff's accident violated a specific requirement of the New York City Administrative Code, and that such absence constituted a structural or design defect rendering the elevator unsafe (see, e.g., Wagner v Grinnell Hous. Dev. Fund Corp., 260...

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