SOLOWIJ v. OTIS ELEVATOR CO.


295 A.D.2d 145 (2002)

742 N.Y.S.2d 836

MARIA C. SOLOWIJ, Appellant, v. OTIS ELEVATOR CO. et al., Respondents.

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

Decided June 6, 2002.


While plaintiff, in response to defendants' prima facie showing of entitlement to judgment as a matter of law, failed to raise any triable issue of fact as whether defendant Cushman & Wakefield had notice of the alleged elevator defect, plaintiff, through his expert's affidavit, did raise a factual issue as to whether defendant Otis Elevator had actual or constructive notice of said defect. Otis was under a contractual obligation to inspect and maintain the elevators...

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