Oettinger v. Montgomery Kone, Inc.

Plaintiff commenced this negligence action seeking to recover damages for injuries she sustained after she tripped and fell upon entering an elevator at her place of employment that was maintained and serviced by defendants. Following an ultimately unsuccessful motion for summary judgment dismissing the complaint made by defendants (34 AD3d 969 [2006]), a jury trial on the issue of liability was held. During trial, defendants twice unsuccessfully moved to dismiss the complaint. After the *1088jury returned a verdict in favor of plaintiff, defendants moved pursuant to CPLR article 44 to dismiss the…