Dykes v. Starrett City, Inc.
| Court | New York Supreme Court Appellate Division |
| Citation | 74 A.D.3d 1015,904 N.Y.S.2d 465 |
| Parties | Loretta DYKES, appellant-respondent, v. STARRETT CITY, INC., respondent, Schindler Elevator Corporation, respondent-appellant, et al., defendants. |
| Decision Date | 15 June 2010 |
74 A.D.3d 1015
Loretta DYKES, appellant-respondent,
v.
STARRETT CITY, INC., respondent,
Schindler Elevator Corporation, respondent-appellant, et al., defendants.
Supreme Court, Appellate Division, Second Department, New York.
June 15, 2010.
Sullivan Papain Block McGrath & Cannavo, P.C., New York, N.Y. (Stephen C. Glasser and Susan M. Jaffe of counsel), for appellant-respondent.
Sonageri & Fallon, LLC, Garden City, N.Y. (James C. DeNorscia of counsel), for respondent-appellant.
Brody, Benard & Branch, LLP, New York, N.Y. (Maryellen O'Brien and Tanya M. Branch of counsel), for respondent.
WILLIAM F. MASTRO, J.P., JOSEPH COVELLO, ARIEL E. BELEN, and L. PRISCILLA HALL, JJ.
In an action to recover damages for personal injuries, the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Kings County (Balter, J.), entered March 18, 2009, as granted that branch of the cross motion of the defendant Starrett City, Inc., for summary judgment dismissing the complaint insofar as asserted against it and granted the cross motion of the defendant Schindler Elevator Corporation which was for summary judgment dismissing the complaint to the extent the plaintiff " premises
ORDERED that the order is reversed insofar as appealed from, on the law, that branch of the cross motion of the defendant Starrett City, Inc., which was for summary judgment dismissing the complaint insofar as asserted against it is denied, and that branch of the cross motion of the defendant Schindler Elevator Corporation which was for summary judgment dismissing the complaint to the extent the plaintiff "premises her demand for relief upon common-law negligence," is denied; and it is further,
ORDERED that the order is affirmed insofar as cross-appealed from; and it is further,
ORDERED that one bill of costs is awarded to the plaintiff payable by the defendants Starrett City, Inc., and Schindler Elevator Corporation.
The plaintiff allegedly was injured when she tripped and fell stepping into a misleveled elevator. The elevator was...
To continue reading
Request your trial
-
Fajardo v. Mainco Elevator & Electrical Corp.
...or failure to use reasonable care to discover and correct a condition which it ought to have found’ ” (Dykes v. Starrett City, Inc., 74 A.D.3d 1015, 1016, 904 N.Y.S.2d 465, quoting Rogers v. Dorchester Assoc., 32 N.Y.2d 553, 559, 347 N.Y.S.2d 22, 300 N.E.2d 403 ; see Kawka v. 135–55 35th Re......
-
Isaac v. 1515 Macombs Llc
...safe manner ( Rogers v. Dorchester Assoc., 32 N.Y.2d 553, 559, 347 N.Y.S.2d 22, 300 N.E.2d 403 [1973]; Dykes v. Starrett City, Inc., 74 A.D.3d 1015, 904 N.Y.S.2d 465 [2010] ) and may be liable for elevator malfunctions or defects causing injury to a plaintiff about which it has constructive......
-
Roserie v. Alexander's Kings Plaza, LLC, 2016–10159
...negligence in the maintenance of an elevator may be inferred from evidence of prior malfunctions" ( Dykes v. Starrett City, Inc. , 74 A.D.3d 1015, 1016, 904 N.Y.S.2d 465 ; see Rogers v. Dorchester Assoc. , 32 N.Y.2d at 557, 559, 347 N.Y.S.2d 22, 300 N.E.2d 403 ). Here, Schindler Elevator fa......
-
Orahovac v. CF Lex Assocs.
...of any alleged defective condition (see Papapietro v. Kone, Inc., 123 A.D.3d at 895, 999 N.Y.S.2d 142 ; Dykes v. Starrett City, Inc., 74 A.D.3d 1015, 1016, 904 N.Y.S.2d 465 ; Kucevic v. Three Park Ave. Bldg. Co., L.P., 55 A.D.3d 792, 793, 866 N.Y.S.2d 314 ; Gilbert v. Kingsbrook Jewish Ctr.......