The record demonstrates that building owner Bronx 360 and manager T.U.C. were aware that the building's elevator was malfunctioning on the day of plaintiff's accident. That day was the third consecutive day on which Uplift was performing repairs to the elevator, pursuant to its maintenance agreement with Bronx 360. Issues of fact exist whether Bronx 360 and T.U.C. breached their duty to warn of a dangerous condition on the premises (see Piluso v Bell Atl. Corp.,
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POLANCO v. BRONX 360 REALTY LLC
7116. 303568/11.
164 A.D.3d 1166 (2018)
82 N.Y.S.3d 24
2018 NY Slip Op 06210
Hector Polanco, Respondent, v. Bronx 360 Realty LLC et al., Appellants, and Uplift Elevator Corp., Respondent, et al., Defendant.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided September 25, 2018.
Decided September 25, 2018.
Appellate Division of the Supreme Court of New York, First Department.
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