Legal Opinion
Casey v. New York Elevator & Electrical Corp.
Appellate Division of the Supreme Court of the State of New York
Decided March 29, 2011PublishedCited by 2 opinions
1Opinion of the Court
*640On September 12, 2008, plaintiffs decedent, Hieran Casey, fell to his death in an elevator shaft at a building managed by defendant Winoker and for which defendant New York Elevator allegedly maintained the elevator.
An elevator company which agrees to maintain an elevator in safe operating condition may be liable to a passenger for failure to correct conditions of which it has knowledge, or failure to use reasonable care to discover and correct a condition which it ought to have found (Rogers v Dorchester Assoc., 32 NY2d 553, 559 [1973]; Burgess v Otis El. Co., 114 AD2d 784, 785 [1985], affd…
2Cases cited12 opinions
- Rogers v. Dorchester AssociatesNew York Court of Appeals · 1973
- McLaughlin v. Mine Safety Appliances Co.New York Court of Appeals · 1962
- Burgess v. Otis Elevator Co.Appellate Division of the Supreme Court of the State of New York · 1985
- Burgess v. Otis Elevator Co.New York Court of Appeals · 1986
- O'Connor v. 595 Realty AssociatesAppellate Division of the Supreme Court of the State of New York · 1965
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3Cited by2 opinions
- Kawka v. 135-55 35th Realty, LLCAppellate Division of the Supreme Court of the State of New York · 2016
- Artis v. Random House, Inc.New York Supreme Court · 2011