Kolb v. Beechwood Sedgewick LLC

Order, Supreme Court, Bronx County (Edgar G. Walker, J.), entered July 9, 2009, which granted defendants’ motions for summary judgment dismissing the complaint and denied plaintiffs cross motion to amend the complaint, unanimously affirmed, without costs.

During a lunch break at his construction site, plaintiff watched his supervisor trying to force open an elevator, which had not been functioning and had been “sitting in the lobby” for about two weeks, by using a “drop key” designed to open *482the locks to elevator doors. There was no particular reason why the supervisor wanted to open the door.…