Tenant's Housekeeper Claims Landlord Responsible for Trip-and-Fall from Elevator

Tenant's housekeeper sued landlord and elevator company, claiming that she suffered injuries due to a misleveled elevator. The housekeeper alleged that, as she walked out of the elevator in the building, her foot got caught and she fell. She admitted she didn't notice whether the elevator was level with the third floor as she was exiting. But after she fell, she claimed that the elevator was five inches lower than the floor. The housekeeper asked the court to decide the case in part without trial, arguing that landlord and the elevator company had a duty to maintain a safe elevator and that the elevator was misleveled. She also said that the defendants had actual and constructive notice that the elevator had problems.

The court ruled against the housekeeper, finding there were issues of fact as to whether there was a dangerous condition that the landlord was responsible for. So a trial was required. The video plaintiff submitted with her motion to the court didn't support her claim that the elevator was five inches below the floor. The court also dismissed the claims against Otis Elevator Co.

Florez v. 215 E. 68th St. LP: Index No. 152831/2018, 2022 NY Slip Op 30687(U), NYLJ No. 1649141029 (Sup. Ct. NY; 3/4/22; Bluth, J)