CHARNOTA v. VER-TECH ELEVATOR CO., INC.

4731, 101247/07.

83 A.D.3d 622 (2011)

922 N.Y.S.2d 46

ANTHONY CHARNOTA, Appellant, v. VER-TECH ELEVATOR CO., INC., Defendant, and KNOCKLOFTY MGMT., LLC, et al., Respondents.

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

Decided April 28, 2011.


Plaintiff was injured exiting a misleveled elevator. He had pressed the emergency button, which stopped the elevator and sounded an alarm, and the building superintendent had responded to the alarm. The superintendent testified that he told plaintiff that he would have him down in a minute, and instructed plaintiff to stay in the elevator car until he, the superintendent, returned to the lobby. Plaintiff testified that, after two or three minutes, the elevator began descending...

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