ESQUIVEL v. 2707 CRESTON REALTY, LLC

2015-01032, Index No. 23025/10.

149 A.D.3d 1040 (2017)

2017 NY Slip Op 03155

52 N.Y.S.3d 484

LAURA ESQUIVEL, Individually and as Administratrix of the Estate of RAUL ENCARNACION, Deceased, Appellant, v. 2707 CRESTON REALTY, LLC, Respondent.

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

Decided April 26, 2017.


Ordered that the order is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.

In 2010, the plaintiff's decedent, an elevator mechanic, reported to a residential building owned by the defendant to address an issue with one of the building's elevators. The elevator motor room was located on the roof of the building and the entrance thereto was accessible only by climbing a fixed, permanent ladder. After completing his work in the motor...

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