Mezon v. Dover Elevator Co.

—Order, Supreme Court, New York County (Elliott Wilk, J.), entered on or about June 15, 1999, which, in an action for personal injuries caused by an allegedly malfunctioning elevator, denied defendant elevator maintenance company’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

The motion was properly denied since defendant, who had a full service contract to maintain and repair the elevators at plaintiff’s employer’s premises, failed to meet its initial burden of establishing as a matter of law that it exercised “reasonable care to discover and…