Elevator Service Company Not Responsible for Tenant's Injuries

June 24, 2018

LVT Number: #28448

Tenant sued elevator service company after she was injured when her building elevator closed unexpectedly on her. The court granted the elevator company's request to dismiss the case without a trial. Tenant appealed and lost. The elevator service company showed that it didn't create the claimed defect or have actual or constructive notice of its existence. Service records showed that the elevator was inspected regularly, was operating properly before the accident, and that there had been no prior complaints about the elevator.

Tenant sued elevator service company after she was injured when her building elevator closed unexpectedly on her. The court granted the elevator company's request to dismiss the case without a trial. Tenant appealed and lost. The elevator service company showed that it didn't create the claimed defect or have actual or constructive notice of its existence. Service records showed that the elevator was inspected regularly, was operating properly before the accident, and that there had been no prior complaints about the elevator.

Pacheco v. Serviam Gardens Associates, LP: 161 A.D.3d 416, 2018 NY Slip Op 03108 (App. Div. 1 Dept.; 5/1/18; Renwick, JP, Tom, Andrias, Webber, Kahn, JJ)

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