EFFATT v. OTIS ELEVATOR CO.

2490, 23858/99, 83624/03.

72 A.D.3d 447 (2010)

897 N.Y.S.2d 628

GLENFIELD EFFATT et al., Respondents, v. OTIS ELEVATOR CO., Defendant, and NOUVEAU ELEVATOR INDUSTRIES, INC., Appellant. (And a Third-Party Action.)

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

Decided April 6, 2010.


When plaintiff Glenfield Effatt, an employee of Lenox Hill Hospital, leaned against the exterior door of elevator 12 at the hospital, the door gave way and he fell approximately 30 feet to the floor of the empty shaft. Nouveau maintained and serviced all the elevators at the hospital.

Plaintiffs raised triable issues of fact as to whether Nouveau was responsible for maintaining and inspecting elevator 12, and whether it had actual or constructive notice of any defects...

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