RODRIGUEZ v. 65 FT. WASHINGTON OWNERS CORP.


258 A.D.2d 311 (1999)

683 N.Y.S.2d 840

MARISELA RODRIGUEZ et al., Respondents, v. 65 FT. WASHINGTON OWNERS CORP. et al., Appellants.

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

Decided February 9, 1999.


The motion for summary judgment was properly denied since the affidavit of plaintiff's expert was sufficient to raise a triable issue as to whether defendants had been negligent in failing to install a safety device in the elevator of the building they respectively own and manage to prevent injuries such as the one plaintiff claims to have sustained, attributable to the unchecked and/or uncushioned closure of the elevator door upon an individual...

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