Poor Maintenance Not Cause of Elevator Crash

LVT Number: 8867

The DOB issued a violation notice to landlord after an elevator crashed into the pit below the basement level. Landlord pointed out that human error had caused the crash, not poor maintenance. The ALJ ignored landlord's defense, and fined it $500. Landlord appealed, using the same defense. The ECB dismissed the violation. Since the DOB didn't rebut landlord's explanation of the accident, the ECB ruled that landlord's employee, not poor maintenance, had caused the crash.

The DOB issued a violation notice to landlord after an elevator crashed into the pit below the basement level. Landlord pointed out that human error had caused the crash, not poor maintenance. The ALJ ignored landlord's defense, and fined it $500. Landlord appealed, using the same defense. The ECB dismissed the violation. Since the DOB didn't rebut landlord's explanation of the accident, the ECB ruled that landlord's employee, not poor maintenance, had caused the crash.

City of New York v. Trinity Church: ECB App. No. 15627 (1/19/94) [1-page document]

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