JENNINGS v. 1704 REALTY, L.L.C.


39 A.D.3d 392 (2007)

834 N.Y.S.2d 160

CORNELIUS JENNINGS, Respondent-Appellant, v. 1704 REALTY, L.L.C., et al., Appellants, and ADVANTAGE ELEVATOR COMPANY, INC., Respondent.

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

Decided April 24, 2007.


Plaintiff's asserted facts, that the elevator's fifth floor door opened but the elevator was not present, causing him to fall down the elevator shaft, are negated by plaintiff's own expert neurologist, who averred that plaintiff's recollection of the events "may not be reliable" and that plaintiff admitted that he cannot recall the circumstances of his fall. Throughout plaintiff's briefs before this Court, plaintiff admits that he cannot recall the events of his accident...

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