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RIVERA v. 11 W. 42 REALTY INVS., L.L.C.

300823/12, 10192, 10191.

176 A.D.3d 587 (2019)

2019 NY Slip Op 07699

Humberto Rivera, Respondent, v. 11 West 42 Realty Investors, L.L.C., et al., Appellants, et al., Defendants. (And Third-Party Actions.) Humberto Rivera, Respondent, v. 11 West 42 Realty Investors, L.L.C., et al., Defendants, and NTT Services, LLC, et al., Respondents. (And Third-Party Actions.).

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

Decided October 24, 2019.

Attorney(s) appearing for the Case

Tromello & Fishman, Tarrytown ( Silvia C. Souto of counsel), and O'Toole Serivo, New York ( Sean Callahan of counsel), for 11 West 42 Realty Investors, L.L.C. and Tishman Speyer Properties, L.P., appellants.

Russo & Toner LLP, New York ( Marie A. Castronuovo of counsel), for NTT Services, LLC and Pritchard Industries, Inc., appellants.

Arnold E. DiJoseph, P.C., New York ( Arnold E. DiJoseph III of counsel), for respondent.

Concur—Friedman, J.P., Kapnick, Oing, Singh, JJ.

Defendants 11 West 42 and Tishman established prima facie that they did not cause, create or have actual or constructive notice of the one-time unsafe condition in the elevator when plaintiff was injured (see Kalish v HEI Hospitality, LLC, 114 A.D.3d 444, 445 [1st Dept 2014]). Although it cannot be determined from the record who placed the counter tops in the elevator, there is no evidence...

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