DACONTA v. OTIS ELEVATOR CO.

2016-02292. Index No. 41183/10.

165 A.D.3d 753 (2018)

85 N.Y.S.3d 528

2018 NY Slip Op 06716

Theresa Daconta et al., Appellants, v. Otis Elevator Company, Respondent.

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

Decided October 10, 2018.


Ordered that the order is affirmed insofar as appealed from, with costs.

The injured plaintiff allegedly tripped while entering an elevator at her workplace. The injured plaintiff alleges that the floor of the elevator was misaligned with the hallway landing, which caused her to stumble as she stepped into the elevator. The injured plaintiff, and her husband suing derivatively, commenced this action against the defendant, the company retained to maintain and service...

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