SANCHEZ v. NEW SCANDIC WALL LTD. PARTNERSHIP

2584, 300374/09, 83940/09.

145 A.D.3d 643 (2016)

2016 NY Slip Op 08962

42 N.Y.S.3d 802

DILENIA SANCHEZ, Appellant, v. NEW SCANDIC WALL LIMITED PARTNERSHIP et al., Defendants/Third-Party Plaintiffs-Respondents. SCHINDLER ELEVATOR CORP., Third-Party Defendant-Respondent.

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

Decided December 29, 2016.


Defendants and third-party defendant demonstrated their prima facie entitlement to summary judgment by presenting evidence showing that the elevators were regularly inspected, and the door of the subject elevator was operating properly before and after plaintiff was struck in the shoulder by the closing door, while attempting to enter it. Moreover, even if a defect existed, they demonstrated that they did not create or have actual or constructive notice of it (see Santoni...

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