Scafe v. Schindler Elevator Corp.

Order, Supreme Court, Bronx County (John A. Barone, J.), entered August 30, 2012, which denied defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

“On a motion for summary judgment, the movant bears the burden of adducing affirmative evidence of its entitlement to summary judgment” (Cole v Homes for the Homeless Inst., Inc., 93 AD3d 593, 594 [1st Dept 2012]). Defendant, the exclusive elevator maintenance contractor, did not make a prima facie showing that it either lacked actual or constructive notice of any condition or defect in the subject…