ANDRES v. 1254 SHERMAN AVE. CORP.

Nos. 7032, 7033, 18006/05, 7034.

94 A.D.3d 590 (2012)

942 N.Y.S.2d 104

2012 NY Slip Op 2956

NARCISA SAN ANDRES, Respondent-Appellant, v. 1254 SHERMAN AVE. CORP. et al., Respondents-Appellants, and ELTECH INDUSTRIES, INC., Appellant-Respondent.

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

Decided April 19, 2012.


Plaintiff alleges that she tripped and injured her knee as she entered an elevator that had stopped "a little bit" or approximately four inches higher than the floor. Plaintiff did not notice that the elevator had misleveled before she fell and did not report the incident to Sherman. While she states that there was water on the floor both outside and inside the elevator, as though someone had dropped something from a water bottle...

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