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TORRES-MARTINEZ v. MACY'S, INC.

2380, 300882/10.

146 A.D.3d 638 (2017)

2017 NY Slip Op 00429

45 N.Y.S.3d 449

YVETTE TORRES-MARTINEZ, Appellant, v. MACY'S, INC., et al., Respondents.

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

Decided January 24, 2017.

Defendants established prima facie that they had no notice of the allegedly defective condition of the escalator, and plaintiff failed to raise a triable issue of fact. Macy's operations manager and ThyssenKrupp's elevator mechanic both testified that they did not receive any reports of the escalators shaking or stopping and starting before the date of plaintiff's accident; nor did anyone, including plaintiff, before her July 2009...

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