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RUIZ-HERNANDEZ v. TPE NWI GEN.

10201, 117068/07.

106 A.D.3d 627 (2013)

966 N.Y.S.2d 62

2013 NY Slip Op 3777

NATICHA RUIZ-HERNANDEZ, Respondent, v. TPE NWI GENERAL, Appellant-Respondent/Third-Party Plaintiff-Appellant-Respondent. GUARDSMAN ELEVATOR CO., INC., Third-Party Defendant-Respondent-Appellant.

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

Decided May 28, 2013.

Triable issues of fact exist as to whether General, the building's owner, and Guardsman, the elevator maintenance contractor, had notice of the defective mechanism that allegedly caused the elevator to malfunction. Guardsman's "Trouble Site Report" indicates that on May 16, 2007, it installed a new IP-8300 relay, the "landing control system," and replaced that component on May 31, 2007, less than one month before plaintiff's accident...

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