LUCIANO v. DECO TOWERS ASSOCIATES LLC

6759, 6758, 104020/07, 591147/07, 6760N.

92 A.D.3d 606 (2012)

939 N.Y.S.2d 48

2012 NY Slip Op 1495

MARISOL LUCIANO, Respondent-Appellant, v. DECO TOWERS ASSOCIATES LLC et al., Appellants-Respondents.

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

Decided February 28, 2012.


Defendants' respective moving papers satisfied their initial burdens of establishing prima facie their lack of knowledge of the alleged defective condition. Defendants submitted evidence that the elevator was regularly inspected and maintained, and that they had no notice of a defective condition.

In opposition to the motions, plaintiff failed to raise a triable issue of fact. Additionally, plaintiff's expert's affidavit was lacking any specificity, misstated the...

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