Little v. Kone, Inc.
| Citation | 139 A.D.3d 678,31 N.Y.S.3d 147,2016 N.Y. Slip Op. 03475 |
| Decision Date | 04 May 2016 |
| Docket Number | 2015-07364, Index No. 17565/10. |
| Parties | Marna LITTLE, et al., respondents, v. KONE, INC., appellant. |
| Court | New York Supreme Court Appellate Division |
139 A.D.3d 678
31 N.Y.S.3d 147
2016 N.Y. Slip Op. 03475
Marna LITTLE, et al., respondents,
v.
KONE, INC., appellant.
2015-07364, Index No. 17565/10.
Supreme Court, Appellate Division, Second Department, New York.
May 4, 2016.
Ansa Assuncao, LLP, White Plains, NY (Thomas O. O'Connor of counsel), for appellant.
RUTH C. BALKIN, J.P. SHERI S. ROMAN, JOSEPH J. MALTESE, and FRANCESCA E. CONNOLLY, JJ.
In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Queens County (Pineda–Kirwan, J.), dated April 24, 2015, which denied its motion for summary judgment dismissing the complaint.
ORDERED that the order is reversed, on the law, with costs, and the defendant's motion for summary judgment dismissing the complaint is granted.
The injured plaintiff alleged that she was attempting to enter a freight elevator at her place of employment when she was struck on the head by its gate after its alarm bell and strobe light failed to activate to warn her that the gate was about to close. Thereafter, the injured plaintiff, and her husband suing derivatively, commenced this action against the defendant, the company retained to service and maintain the elevator. The Supreme Court denied the defendant's motion for summary judgment dismissing the complaint. We reverse.
“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 found” (Rogers v. Dorchester Assoc., 32 N.Y.2d 553, 559, 347 N.Y.S.2d 22, 300 N.E.2d 403 ; see Reed v. Nouveau El. Indus., Inc., 123 A.D.3d 1102, 1103, 999 N.Y.S.2d 182 ; Papapietro
v. Kone, Inc., 123 A.D.3d 894, 895, 999 N.Y.S.2d 142 ; Tucci v. Starrett City, Inc., 97 A.D.3d 811, 812, 949 N.Y.S.2d 419 ). Here, the defendant submitted evidence sufficient to establish, prima facie, that it did not have actual or constructive notice of an ongoing condition that would have caused the elevator's gate to close without adequate warning (se...
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Daconta v. Otis Elevator Co., 2016–02292
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