Syrnik v. Bd. of Managers of the Leighton House Condo.

• Decision Date: 13 October 2021
• Docket Number: 2018–06877,Index No. 398/15
• Parties: Boguslawa SYRNIK, appellant, v. BOARD OF MANAGERS OF the LEIGHTON HOUSE CONDOMINIUM, et al., respondents.
• Court: New York Supreme Court — Appellate Division

198 A.D.3d 835
156 N.Y.S.3d 81

Boguslawa SYRNIK, appellant,
v.
BOARD OF MANAGERS OF the LEIGHTON HOUSE CONDOMINIUM, et al., respondents.

2018–06877
Index No. 398/15

Supreme Court, Appellate Division, Second Department, New York.

Argued—September 21, 2021
October 13, 2021

156 N.Y.S.3d 82

Edelman & Edelman, P.C., New York, N.Y. (David M. Schuller and Noreen M. Giusti of counsel), for appellant.

Nicoletti Gonson Spinner Ryan Gulino Pinter, LLP, New York, N.Y. (Benjamin Gonson of counsel), for respondents Board of Managers of the Leighton House Condominium and Halstead Management, LLC.

McNamara & Horowitz, LLP, New York, N.Y. (John T. McNamara and Salvatore Lapetina of counsel), for respondent Otis Elevator Company.

MARK C. DILLON, J.P., ANGELA G. IANNACCI, LINDA CHRISTOPHER, JOSEPH A. ZAYAS, JJ.

DECISION & ORDER

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Janice A. Taylor, J.), dated April 9, 2018. The order, insofar as appealed from, granted those branches of the motion of the defendants Board of Managers of the Leighton House Condominium and Halstead Management, LLC, and the separate motion of the defendant Otis Elevator Company, which were for summary judgment dismissing the complaint insofar as asserted against each of them.

ORDERED that the order is modified, on the law, by deleting the provision thereof granting that branch of the motion of

156 N.Y.S.3d 83

the defendant Otis Elevator Company which was for summary judgment dismissing the complaint insofar as asserted against it, and substituting therefor a provision denying that branch of the motion; as so modified, the order is affirmed insofar as appealed from, with one bill of costs to the plaintiff payable by the defendant Otis Elevator Company, and one bill of costs to the defendants Board of Managers of the Leighton House Condominium and Halstead Management, LLC, payable by the plaintiff.

The plaintiff allegedly was injured when a passenger elevator in which she was riding suddenly accelerated and then stopped abruptly. She commenced this action to recover damages for personal injuries against the defendants Board of Managers of the Leighton House Condominium and Halstead Management, LLC (hereinafter together the Leighton defendants), and the defendant Otis Elevator Company (hereinafter Otis). The Leighton House Condominium Board of Managers and Halstead Management, LLC, were the owner and managing agent, respectively, of the premises where the accident occurred, and Otis was an elevator company that had entered into an agreement with the Leighton defendants to inspect, service, maintain, and repair the elevators at the premises. The Supreme Court, inter alia, granted those branches of the Leighton defendants’ motion, and Otis's separate motion, which were for summary judgment dismissing the complaint insofar as asserted against each of them. The plaintiff appeals.

"A property owner can be held liable for an elevator-related injury where there is a defect in the elevator, and the property owner has actual or constructive notice of the defect, or where it fails to notify the elevator company with which it has a maintenance and repair contract about a known defect" ( Goodwin v....