RIVERA v. SLADE INDUS., INC.

Index No. 156304/16. Appeal No. 14648. Case No. 2020-01823.

199 A.D.3d 536 (2021)

157 N.Y.S.3d 426

2021 NY Slip Op 06458

Raul Rivera, Respondent, v. Slade Industries, Inc., Appellant.

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

Decided November 18, 2021.


Attorney(s) appearing for the Case

Sonageri & Fallon, L.L.C., Garden City ( James L. Sonageri of counsel), for appellant.

Law Office of Dino J. Domina, Garden City, ( Lisa M. Comeau , of counsel), for respondent.

Concur—Kapnick, J.P., Webber, Oing, Moulton, Rodriguez, JJ.


Plaintiff seeks to recover damages from defendant elevator maintenance company for personal injuries he sustained when the elevator car he was travelling in at nonparty Lincoln Correctional Facility (Lincoln) dropped from around the ninth floor to between the seventh and eighth floors.

Defendant failed to make a prima facie showing that the elevator malfunction was caused solely by a loss of power to the elevators' main line attributable to Lincoln's generator testing...

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