Isaac v. 1515 Macombs Llc
| Court | New York Supreme Court Appellate Division |
| Writing for the Court | ANDRIAS, J.P., FRIEDMAN, CATTERSON, MOSKOWITZ, ROMÁN, JJ. |
| Citation | 84 A.D.3d 457,2011 N.Y. Slip Op. 03717,922 N.Y.S.2d 354 |
| Decision Date | 05 May 2011 |
| Parties | Linnet ISAAC, Plaintiff–Respondent,v.1515 MACOMBS, LLC, et al., Defendants–Appellants. |
84 A.D.3d 457
922 N.Y.S.2d 354
2011 N.Y. Slip Op. 03717
Linnet ISAAC, Plaintiff–Respondent,
v.
1515 MACOMBS, LLC, et al., Defendants–Appellants.
Supreme Court, Appellate Division, First Department, New York.
May 5, 2011.
[922 N.Y.S.2d 355]
Gallo Vitucci & Klar LLP, New York (Kimberly A. Ricciardi of counsel), for 1515 Macombs, LLC, and Chestnut Holdings of New York, Inc., appellants.Lester Schwab Katz & Dwyer, LLP., New York (John Sandercock of counsel), for Advantage Elevator Company, appellant.Quaranta & Associates, Mount Kisco (Merryl Weiner of counsel), for respondent.ANDRIAS, J.P., FRIEDMAN, CATTERSON, MOSKOWITZ, ROMÁN, JJ.
[84 A.D.3d 457] Order, Supreme Court, Bronx County (Alison Y. Tuitt, J.), entered July 23, 2010, which, inter alia, denied defendants' motions for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motions granted. The Clerk is directed to enter judgment accordingly.
[84 A.D.3d 458] Plaintiff was injured on November 3, 2005, when she tripped and fell while exiting an elevator which had allegedly misleveled in a building owned by 1515 Macombs LLC and managed by Chestnut Holdings of New York, Inc. (Chestnut). Advantage Elevator Company (Advantage) was the elevator maintenance contractor. Supreme Court denied defendants' motions for summary judgment dismissing the complaint on the ground that plaintiff raised issues of fact as to actual notice of the misleveling elevator. We now reverse.
A property owner has a nondelegable duty to passengers to maintain its building's elevator in a reasonably 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 or actual notice ( see Levine v. City of New York, 67 A.D.3d 510, 888 N.Y.S.2d 55 [2009] ), or where, despite having an exclusive maintenance and repair contract with an elevator company, it fails to notify the elevator company about a known defect ( see Oxenfeldt v. 22 N. Forest Ave. Corp., 30 A.D.3d 391, 392, 816 N.Y.S.2d 563 [2006] ). “An elevator company which agrees to maintain an elevator in safe operating condition may be liable to a passenger for failure to correct conditions of which it has knowledge or failure to use reasonable care to discover and correct a condition which it ought to have...
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Ezzard v. One E. River Place Realty Co., 114803/08, 14315
...were insufficient to establish that any of the defendants had notice of a dangerous condition (see Isaac v. 1515 Macombs, LLC, 84 A.D.3d 457, 459, 922 N.Y.S.2d 354 [1st Dept.2011], lv. denied 17 N.Y.3d 780, 2011 WL 4030048 [2011] ). The motion court also properly found that the doctrine of ......
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Bartis v. Harbor Tech, LLC
...buildings substantially rehabilitated as family units" on or after January 1, 1974 (EPTA § 5[a][5]; see 22 CPS Owner LLC v. Carter, 84 A.D.3d at 457, 923 N.Y.S.2d 450 ; Jordan Mfg. Corp. v. Lledos, 153 Misc.2d 296, 301, 581 N.Y.S.2d 546 [Sup.Ct., Kings County] ). The plaintiffs contend......
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Isaacs v. Federated Dep't Stores, Inc.,
...that he inspected the escalator on the morning of the accident and that it was in working order (cf. Isaac v. 1515 Macombs, LLC, 84 A.D.3d 457, 458–459, 922 N.Y.S.2d 354 ). In opposition, the plaintiff failed to raise a triable issue of fact. Contrary to her contention, insofar as relevant ......
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Hosein v. CDL W. 45TH St., LLC, Index No. 306671/2012
...that CDL notified Fujitec of the need for maintenance on the evening before plaintiffs' accident, see Isaac v. 1515 Macombs, LLC, 84 A.D.3d 457, 922 N.Y.S.2d 354 (1st Dep't), lv denied, 17 N.Y.3d 708, 954 N.E.2d 1178, 930 N.Y.S.2d 552 (2011), and that Fujitec repaired the problem and return......
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Ezzard v. One E. River Place Realty Co., 114803/08, 14315
...were insufficient to establish that any of the defendants had notice of a dangerous condition (see Isaac v. 1515 Macombs, LLC, 84 A.D.3d 457, 459, 922 N.Y.S.2d 354 [1st Dept.2011], lv. denied 17 N.Y.3d 780, 2011 WL 4030048 [2011] ). The motion court also properly found that the doctrine of ......
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Bartis v. Harbor Tech, LLC
...buildings substantially rehabilitated as family units" on or after January 1, 1974 (EPTA § 5[a][5]; see 22 CPS Owner LLC v. Carter, 84 A.D.3d at 457, 923 N.Y.S.2d 450 ; Jordan Mfg. Corp. v. Lledos, 153 Misc.2d 296, 301, 581 N.Y.S.2d 546 [Sup.Ct., Kings County] ). The plaintiffs contend......
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Isaacs v. Federated Dep't Stores, Inc.,
...that he inspected the escalator on the morning of the accident and that it was in working order (cf. Isaac v. 1515 Macombs, LLC, 84 A.D.3d 457, 458–459, 922 N.Y.S.2d 354 ). In opposition, the plaintiff failed to raise a triable issue of fact. Contrary to her contention, insofar as relevant ......
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Hosein v. CDL W. 45TH St., LLC, Index No. 306671/2012
...that CDL notified Fujitec of the need for maintenance on the evening before plaintiffs' accident, see Isaac v. 1515 Macombs, LLC, 84 A.D.3d 457, 922 N.Y.S.2d 354 (1st Dep't), lv denied, 17 N.Y.3d 708, 954 N.E.2d 1178, 930 N.Y.S.2d 552 (2011), and that Fujitec repaired the problem and return......