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EZZARD v. ONE EAST RIVER PLACE REALTY COMPANY, LLC

4085, 114803/08.

80 A.D.3d 515 (2011)

914 N.Y.S.2d 635

DANIELLE EZZARD, Plaintiff, v. ONE EAST RIVER PLACE REALTY COMPANY, LLC, et al., Appellants, and NEW YORK ELEVATOR & ELECTRICAL CORP., Respondent.

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

Decided January 20, 2011.

The motion was properly denied in this action where plaintiff was allegedly injured when she tripped and fell while exiting an elevator car. Because there has been no showing that NYE was negligent or that appellants were not negligent, any order requiring NYE to defend is premature (see Inner City Redevelopment Corp. v Thyssenkrupp El. Corp., 78 A.D.3d 613 [1st Dept 2010]; see...

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