Elevator Company Not Liable for Tenant's Injuries

August 31, 2006

LVT Number: 19070

Tenant sued landlord and an elevator company for negligence. Tenant was injured when she fell from a misleveled elevator cab in the building. The elevator company asked the court to dismiss the case, and lost. The elevator company appealed and won. The elevator company had served the building's elevators for a year and a half before tenant's accident. Both the company president and landlord's building super testified that landlord never notified the company of any elevator problems.

Tenant sued landlord and an elevator company for negligence. Tenant was injured when she fell from a misleveled elevator cab in the building. The elevator company asked the court to dismiss the case, and lost. The elevator company appealed and won. The elevator company had served the building's elevators for a year and a half before tenant's accident. Both the company president and landlord's building super testified that landlord never notified the company of any elevator problems. And tenant didn't offer any expert opinion that the company should have discovered and corrected any condition of the elevator mechanism. The court neither found evidence of negligence by the elevator company nor that negligence was a substantial factor causing tenant's injuries.

Karian v. G&L Realty, LLC: NYLJ, 8/14/06, p. 33, col. 6 (App. Div. 1 Dept.; Tom, JP, Friedman, Sullivan, Gonzalez, McGuire, JJ)

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