LAPIN v. ATLANTIC REALTY APTS. CO., LLC


48 A.D.3d 337 (2008)

851 N.Y.S.2d 543

TONI LAPIN, Appellant, v. ATLANTIC REALTY APTS. CO., LLC, et al., Respondents.

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

Decided February 26, 2008.


Plaintiff was allegedly injured when her dog's leash slipped into the two-inch gap at the elevator door tread, causing her hand to be pulled into the closing doors. Defendants demonstrated their prima facie entitlement to summary judgment as a matter of law by showing there had been no prior complaints about the elevator, from plaintiff or anyone else, since its renovation and modernization three months prior to the accident. Evidence established that Century, which serviced...

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