FIGUEROA v. EAST 168TH STREET ASSOCIATES, L.P.

1975, 22501/06

71 A.D.3d 456 (2010)

897 N.Y.S.2d 52

CARMEN FIGUEROA, Respondent, v. EAST 168TH STREET ASSOCIATES, L.P., et al., Respondents, and PRECISION ELEVATOR CORP., Appellant.

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

Decided March 9, 2010.


Plaintiff tripped and fell as she exited an elevator owned and managed by the realty defendants and maintained by Precision. Precision correctly asserts that the service contract with the building owners specifically exempted, inter alia, the preexisting misleveling of the elevator. That contract provides that Precision "shall not be responsible for leveling of cars at landings, eccentricities in operation of car doors, shaft doors or their locking

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