Legal Opinion

Oettinger v. Montgomery Kone, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided November 9, 2006PublishedCited by 8 opinions

1Opinion of the CourtLahtinen, J.

Appeal from an order of the Supreme Court (Clemente, J.), entered September 30, 2005 in Sullivan County, which granted defendants’ motion for summary judgment dismissing the complaint.

Plaintiff was injured when she tripped and fell upon entering an elevator (identified as elevator No. 4) at her place of employment, Community General Hospital, in Sullivan County. She sued defendants claiming that they negligently maintained and serviced the elevator. She testified at her deposition that, after falling, she observed that the elevator had stopped at least 372 inches above floor level. Following…

2Cases cited4 opinions

  1. Rogers v. Dorchester AssociatesNew York Court of Appeals · 1973
  2. De Sanctis v. Montgomery Elevator Co.Appellate Division of the Supreme Court of the State of New York · 2003
  3. Warner v. Historic Hudson River Heritage Development Co.Appellate Division of the Supreme Court of the State of New York · 1997
  4. Fanelli v. Otis Elevator Co.Appellate Division of the Supreme Court of the State of New York · 2000

3Cited by8 opinions

  1. Miguel v. 41-42 Owners Corp.Appellate Division of the Supreme Court of the State of New York · 2008
  2. Sullivan v. Schindler Elevator Corp.Appellate Division of the Supreme Court of the State of New York · 2012
  3. Bryant v. Boulevard Story, LLCAppellate Division of the Supreme Court of the State of New York · 2011
  4. Johnson v. Bon-Ton Department Stores, Inc.Court of Appeals for the Second Circuit · 2008
  5. McLaughlin v. Thyssen Dover Elevator Co.Appellate Division of the Supreme Court of the State of New York · 2014

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