Herk Elevator's motion for summary judgment was properly denied in light of Herk's repair records pertaining to the subject elevator indicating a misleveling problem and Herk's failure to establish that it corrected that problem when it last serviced the elevator prior to plaintiff's accident, the alleged result of the elevator's misleveling (compare, Overholt v Atlas El. Co.,
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MARTINEZ v. HERK ELEVATOR CO., INC.
283 A.D.2d 263 (2001)
724 N.Y.S.2d 416
EMMA MARTINEZ, Respondent, v. HERK ELEVATOR CO., INC., Appellant, et al., Defendant.
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
Decided May 17, 2001.
Decided May 17, 2001.
Appellate Division of the Supreme Court of the State of New York, First Department.
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