Tenant Fell Down Elevator Shaft

April 30, 2004

LVT Number: 17277

Tenant sued landlord and elevator company for negligence. Tenant was injured when he fell down an elevator shaft in landlord's building. Landlord and the elevator company asked the court to dismiss the case without a trial. The court ruled for them, and tenant appealed. The appeals court ruled for tenant in part. The elevator company showed that it had no comprehensive maintenance obligation that made it responsible for landlord's actions. So the case was properly dismissed against the elevator company.

Tenant sued landlord and elevator company for negligence. Tenant was injured when he fell down an elevator shaft in landlord's building. Landlord and the elevator company asked the court to dismiss the case without a trial. The court ruled for them, and tenant appealed. The appeals court ruled for tenant in part. The elevator company showed that it had no comprehensive maintenance obligation that made it responsible for landlord's actions. So the case was properly dismissed against the elevator company. But there were triable issues of fact as to whether landlord exercised reasonable care to remedy the claimed dangerous condition. So the case against landlord wasn't dismissed and was sent back for a trial.

Lithgow v. London Park Realty Corp.: NYLJ, 4/29/04, p. 26, col. 2 (App. Div. 2 Dept.; Ritter, JP, Krausman, Luciano, Cozier, JJ)

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