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REMEKIE v. THE 740 CORPORATION

52 A.D.3d 393 (2008)

861 N.Y.S.2d 618

MORAIS REMEKIE et al., Plaintiffs, v. THE 740 CORPORATION, Defendant. THE 740 CORPORATION, Third-Party Plaintiff-Respondent, v. LICO CONTRACTING, INC., Third-Party Defendant, and OTIS ELEVATOR COMPANY, Third-Party Defendant-Appellant. THE 740 CORPORATION, Second Third-Party Plaintiff-Respondent, v. THOMAS J. TISCH et al., Second Third-Party Defendants-Appellants.

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

Decided June 24, 2008.

Defendant building owner, the 740 Corporation (740 Corp.), did not submit competent proof to controvert Otis's expert evidence that the freight elevator in question was not defective at the time plaintiff worker was injured (see generally Nazario v St. Barnabas Hosp., 34 A.D.3d 345 [2006]). Nor did it offer proof to show that Otis had actual or constructive notice of any alleged defective condition (see Parris v Port of N.Y. Auth...

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