Charnota v. Ver-Tech Elevator Co.

Judgment, Supreme Court, New York County (Jane S. Solomon, J.), entered June 16, 2009, dismissing the complaint, upon a jury verdict in defendants’ favor, unanimously affirmed, without costs.

Plaintiff was injured exiting a misleveled elevator. He had pressed the emergency button, which stopped the elevator and sounded an alarm, and the building superintendent had responded to the alarm. The superintendent testified that he told plaintiff that he would have him down in a minute, and instructed plaintiff to stay in the elevator car until he, the superintendent, returned to the lobby. Plaintiff…