MOHAMMED v. SILVERSTEIN PROPERTIES, INC.

2764, 23260/06.

74 A.D.3d 453 (2010)

900 N.Y.S.2d 878

BIBI MOHAMMED et al., Respondents, v. SILVERSTEIN PROPERTIES, INC., Appellant, and OTIS ELEVATOR COMPANY, Respondent.

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

Decided June 3, 2010.


The motion court correctly denied Silverstein's motion for summary judgment on the claims against it, since the conflict between the injured plaintiff's former coworker's testimony, that she witnessed plaintiff's fall from the elevator and that she had previously notified Silverstein of a defect in that elevator car, and Silverstein's building manager's testimony, that he did not recall receiving complaints, raises an issue of fact whether Silverstein had notice of the alleged...

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