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ARDOLAJ v. TWO BROADWAY LAND COMPANY

276 A.D.2d 264 (2000)

714 N.Y.S.2d 12

HANIFE ARDOLAJ et al., Respondents, v. TWO BROADWAY LAND COMPANY, Sued Herein as OLYMPIA & YORK 2 BROADWAY LAND COMPANY, Appellant and Third-Party Plaintiff-Appellant. ISS INTERNATIONAL SERVICE SYSTEMS, INC., Third-Party Defendant-Respondent.

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

Decided October 3, 2000.

At this juncture, it cannot be said that the doctrine of res ipsa loquitur will not be available to plaintiff at trial, given the evidence that the elevator in question misleveled by up to six inches, that defendant was exclusively responsible for maintenance of the elevator, that plaintiff did not in any way cause the elevator to mislevel, and a question of fact as to whether plaintiff's injury was caused by the alleged misleveling...

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