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AMEZQUITA v. RCPI LANDMARK PROPS., LLC

152845/16. Appeal No. 13799. Case No. 2020-04179.

194 A.D.3d 475 (2021)

148 N.Y.S.3d 445

2021 NY Slip Op 02979

Jennifer Amezquita, Appellant, v. RCPI Landmark Properties, LLC, et al., Respondents.

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

Decided May 11, 2021.

Attorney(s) appearing for the Case

Pollack, Pollack, Isaac & DeCicco, LLP, New York ( Jillian Rosen of counsel), for appellant.

Sonageri & Fallon, LLC, Garden City ( James L. Sonageri of counsel), for respondents.

Concur— Kern, J.P., González, Scarpulla, Mendez, JJ.

Defendants failed to establish prima facie that plaintiff was the sole proximate cause of the injuries she sustained when the manual freight elevator that she was operating suddenly stopped moving (see generally Powers v 31 E 31 LLC, 123 A.D.3d 421, 423 [1st Dept 2014]). Defendants submitted an affidavit by an expert professional engineer who opined—based on his review of the surveillance footage of plaintiff's accident and...

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