ROJAS v. NEW YORK ELEVATOR & ELECTRIC CORP.

3904. 3903.

150 A.D.3d 537 (2017)

2017 NY Slip Op 04043

56 N.Y.S.3d 38

MAGALY ROJAS, Respondent, v. NEW YORK ELEVATOR & ELECTRIC CORPORATION et al., Respondents-Appellants, and 45 WEST HOTEL LIMITED PARTNERSHIP, Appellant-Respondent, et al., Defendant. (And a Third-Party Action.)

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

Decided May 18, 2017.


Plaintiff is employed by nonparty 35 Street Hotel Corp. d/b/a Hotel Metro, which occupies premises pursuant to a lease with defendant 45 West Hotel Limited Partnership (45 West). Plaintiff alleges that she was injured when she attempted to remove a cart from the hotel's service elevator after it misleveled.

Defendant 45 West failed to make a prima facie showing that it is an out-of-possession landlord with no obligation to make repairs, because the lease that it produced...

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