BOOTH v. OTIS EL. CO.

158604/17. Appeal No. 14641. Case No. 2021-01131.

199 A.D.3d 506 (2021)

154 N.Y.S.3d 439

2021 NY Slip Op 06433

Patricia A. Booth et al., Respondents, v. Otis Elevator Company, Appellant, et al., Defendant.

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

Decided November 18, 2021.


Attorney(s) appearing for the Case

Wiggin and Dana LLP, New York ( David R. Roth of counsel), for appellant.

O'Donnell & Fox, P.C., New York ( Thomas O'Donnell of counsel), for respondents.

Concur—Webber, J.P., Kern, González, Mendez, Shulman, JJ.


Plaintiff Patricia Booth was injured when she was knocked to the ground when the doors to an elevator closed as she was attempting to enter the elevator; Otis had modernized the elevator eight years earlier. Otis established prima facie entitlement to summary judgment dismissing the strict products liability claim by submitting evidence that the elevator door at issue was not defective (see Versace v 1540 Broadway L.P., 148 A.D.3d 483

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