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OWENS v. STEVENSON COMMONS ASSOCIATES, L.P.

64 A.D.3d 517 (2009)

883 N.Y.S.2d 41

ROBIN R. OWENS, Plaintiff, v. STEVENSON COMMONS ASSOCIATES, L.P., et al., Appellants-Respondents, MAINCO ELEVATOR & ELECTRICAL CORP., Respondent-Appellant, and CAMBRIDGE SECURITY SERVICES CORP., Respondent.

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

Decided July 28, 2009.

This action stems from injuries allegedly sustained by plaintiff on July 6, 2004, while being removed by two Cambridge security guards from a disabled elevator in a building owned and managed by Stevenson. The elevator was regularly maintained by Mainco pursuant to a contract between it and Stevenson.

Mainco's substantial control over maintenance of the elevator was sufficient to support an inference of negligence on its part (see Rogers v Dorchester Assoc.,

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