ESPINAL v. TREZECHAHN 1065 AVENUE OF THE AMERICAS, LLC

Nos. 7006, 303696/07.

94 A.D.3d 611 (2012)

942 N.Y.S.2d 519

2012 NY Slip Op 3083

MILAGROS ESPINAL, Respondent, v. TREZECHAHN 1065 AVENUE OF THE AMERICAS, LLC, Respondent, and NEW YORK ELEVATOR & ELECTRICAL CORPORATION, Appellant.

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

Decided April 24, 2012.


Plaintiff testified that she and a coworker, Luz Ojeda, entered the elevator on the sixth floor of defendant Trezechahn's building and pushed the button for the lobby. The elevator made an upward movement and then continued moving up and down the elevator shaftway at twice its normal speed for approximately one hour before stopping in the lobby without further incident. Plaintiff repeated this claim in multiple verified bills of particulars.

While plaintiff and Ojeda...

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