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MEADE v. OTA HOTEL OWNER LP

2755, 103585/08

76 A.D.3d 470 (2010)

907 N.Y.S.2d 185

GARY MEADE, Appellant, v. OTA HOTEL OWNER LP, Doing Business as ON THE AVE HOTEL, et al., Respondents.

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

Decided August 24, 2010.

Ver-Tech, an elevator service contractor, established prima facie its entitlement to summary dismissal of a hotel guest's negligence action and all cross claims against it by proving that it had no prior notice of any defective condition of the subject elevator and that it regularly maintained and inspected that elevator (see Santoni v Bertelsmann Prop., Inc., 21 A.D.3d 712, 713 [2005]). In opposition, plaintiff failed to raise...

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