Maintenance Company Not Responsible for Elevator Accident

Tenant sued landlord and its elevator maintenance repair company for negligence, claiming that he was injured one day when he entered an elevator in the building.  Tenant explained in pretrial questioning that on the date in question, he was in the building lobby waiting for the elevator. The elevator had a manual shaftway door that must be pulled open by the user, along with a gate. When tenant opened the gate, but before it was fully opened, he was hit on the left side of his head by an L-shaped piece of iron. Tenant fell to the floor and lost consciousness. The court granted the elevator company's request to dismiss the case against it without a trial. On the date of the accident, the elevator company didn't have exclusive control over the elevator and gate. The company had last serviced the elevator 10 days before the accident, and tenants, guests, and building staff all had access to the elevator between the last service date and the date of the accident. 

Thermidor v. Pinnacle Uptown, LLC: Index No. TS300433/10, NYLJ No. 1202716070405 (Civ. Ct. NY; 12/30/14; Cohen, J)