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MARTIN v. KONE, INC.

Nos. 7271, 115532/08.

94 A.D.3d 446 (2012)

941 N.Y.S.2d 588

2012 NY Slip Op 2564

FERN MARTIN, Respondent, v. KONE, INC., Appellant.

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

Decided April 5, 2012.

This is action for personal injuries allegedly suffered by plaintiff when she was struck by an elevator door that failed to retract while she was attempting to exit the elevator. Contrary to the motion court's determination, defendant elevator maintenance company established that it did not have actual or constructive notice of a defective detector edge on the elevator door and did not fail to use reasonable care to correct a condition...

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