Dykes v. Starrett City, Inc.
| Decision Date | 15 June 2010 |
| 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. |
| Court | New York Supreme Court — Appellate Division |
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 " premisesher demand for relief upon common-law negligence," and the defendant Schindler Elevator Corporation cross-appeals, as limited by its brief, from so much of the same order as denied that branch of its cross motion which was for summary judgment dismissing that portion of the complaint that sought relief against it "based upon the theory of res ipsa loquitur."
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 located in a residential building owned by the defendant Starrett City, Inc. (hereinafter Starrett), and was scheduled for replacement as part of a modernization project. The defendant Schindler Elevator Corporation (hereinafter Schindler) was hired by Starrett to repair, maintain, and ultimately replace the elevators.
"An elevator company which agrees to maintain an elevator in safe operating condition may be...
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