OETTINGER v. MONTGOMERY KONE, INC.


34 A.D.3d 969 (2006)

824 N.Y.S.2d 447

ELIZABETH OETTINGER, Appellant, v. MONTGOMERY KONE, INC., et al., Respondents.

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

Decided November 9, 2006.


Lahtinen, J.

Plaintiff was injured when she tripped and fell upon entering an elevator (identified as elevator No. 4) at her place of employment, Community General Hospital, in Sullivan County. She sued defendants claiming that they negligently maintained and serviced the elevator. She testified at her deposition that, after falling, she observed that the elevator had stopped at least 3½ inches above floor level. Following disclosure, defendants successfully...

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