ORTIZ v. CEMD ELEVATOR CORP.

13692, 304518/10

123 A.D.3d 463 (2014)

998 N.Y.S.2d 176

2014 NY Slip Op 08505

JAIME ORTIZ, Plaintiff, v. CEMD ELEVATOR CORP., Doing Business as CITY ELEVATOR, Appellant, and 845 THIRD L.P. et al., Respondents.

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

Decided December 4, 2014.


Defendants 845 Third, the building owner, and Rudin, the manager, demonstrated that they had no obligation to make repairs to the misleveled elevator. The lease between 845 Third and the nonparty tenant establishes that the owner was an out-of-possession landlord with a right to reenter the premises to make repairs. However, since the defect in the elevator was not a structural or design defect that violated a specific statutory provision, defendants cannot be held liable...

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