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GUTIERREZ v. BROAD FINANCIAL CENTER, LLC

5166, 14501/04.

84 A.D.3d 648 (2011)

924 N.Y.S.2d 333

ESTHER GUTIERREZ, Respondent-Appellant, v. BROAD FINANCIAL CENTER, LLC, Respondent, and SCHINDLER ELEVATOR CORPORATION, Appellant-Respondent.

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

Decided May 26, 2011.

BFC made a prima facie showing that it neither created nor had actual or constructive notice of the misleveling of the subject elevator. Indeed, the record demonstrates that there were no prior complaints as to the defective condition of the elevator (see Gjonaj v Otis El. Co., 38 A.D.3d 384 [2007]; Santoni v Bertelsmann Prop., Inc., 21 A.D.3d 712 [2005]). In opposition, plaintiff failed...

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