No Witness to Elevator Accident

June 30, 2001

LVT Number: 15071

Tenants' representative sued landlord for negligence, claiming an elevator door struck tenants, killing them. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord. Tenants' representative appealed and lost. Tenants died before pretrial questioning took place, so there was no description by them of how the accident occurred. Tenants' representative claimed that there was another witness but submitted no sworn statement in support of its opposition to landlord's request to dismiss the case.

Tenants' representative sued landlord for negligence, claiming an elevator door struck tenants, killing them. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord. Tenants' representative appealed and lost. Tenants died before pretrial questioning took place, so there was no description by them of how the accident occurred. Tenants' representative claimed that there was another witness but submitted no sworn statement in support of its opposition to landlord's request to dismiss the case. So there was no proof on which to allow the case to go forward.

Dubiel v. Parkchester Mgmt. Corp.: NYLJ, 6/25/01, p. 26, col. 2 (App. Div.1 Dept.; Nardelli, JP, Mazzarelli, Rubin, Saxe, Buckley, JJ)

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