Herbst v. 40 Worth Associates

Judgment, Supreme Court, Bronx County (Jerry Crispino, J.), entered October 12, 1999, upon a jury verdict in favor of defendants and against plaintiffs, dismissing'the complaint, unanimously affirmed, without costs.

Plaintiffs allege that they were injured as the result of a malfunction of an elevator maintained by defendants, causing the elevator to fall for some contested distance and stop abruptly. However, the only evidence offered by plaintiffs of *321defendants’ alleged negligence was the defendants’ failure to produce a “Blue Book” containing a schedule of inspections of the elevator, and…