Tenant Can Sue Landlord for Elevator Accident

May 31, 1995

LVT Number: 9739

Tenant sued landlord for negligence after she was injured in an elevator accident. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord and tenant appealed. The appeals court reversed and reopened the case. It was undisputed that, just prior to the accident, landlord became aware that the elevator wasn't working and needed servicing. Landlord's elevator company made repairs right away. But shortly thereafter, with tenant inside, the elevator dropped suddenly, stopped, and bounced several times.

Tenant sued landlord for negligence after she was injured in an elevator accident. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord and tenant appealed. The appeals court reversed and reopened the case. It was undisputed that, just prior to the accident, landlord became aware that the elevator wasn't working and needed servicing. Landlord's elevator company made repairs right away. But shortly thereafter, with tenant inside, the elevator dropped suddenly, stopped, and bounced several times. Landlord had a duty that it couldn't delegate to maintain the elevator in a reasonably safe condition. Whether the elevator's initial breakdown constituted notice to landlord of the condition that caused the accident was a factual issue to be resolved at trial.

Camaj v. East 52nd Partners: NYLJ, p. 28, col.4 (5/8/95) (App. Div. 1 Dept.; Rubin, JP, Ross,Nardelli, Williams, Tom, JJ)

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