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VAUGHAN v. 1720 UNICO, INC.

30 A.D.3d 315 (2006)

818 N.Y.S.2d 916

MAGDELINE VAUGHAN, Respondent, v. 1720 UNICO, INC., et al., Appellants-Respondents and ARCO ELEVATOR COMPANY, INC., Respondent-Appellant.

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

June 27, 2006.

Defendants did not meet their burden as movants to demonstrate a prima facie entitlement to summary judgment (see Ferrante v American Lung Assn., 90 N.Y.2d 623, 630-631 [1997]; Zuckerman v City of New York, 49 N.Y.2d 557, 562 [1980]). Although defendants maintain that they had no notice of the alleged elevator hazard, i.e. misleveling, they produced no affidavit or testimony from the building...

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