The amended complaint contains three causes of action: (1) "negligence" against Tishman, (2) "negligence/res ipsa loquitur" against Tishman, and (3) "negligence" against NY Elevator. The motion court dismissed (1), sustained (2), and dismissed (3) after noting that res ipsa loquitur was not pleaded against NY Elevator.
Plaintiff fails to raise an issue of fact as to whether defendants had notice of the alleged defective condition of the elevator in which she was injured...
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