Effatt v. Otis Elevator Co.

Order, Supreme Court, Bronx County (Edgar G. Walker, J.), entered August 7, 2008, which, to the extent appealed from, denied defendant Nouveau’s motion to dismiss the complaint against it, unanimously affirmed, without costs.

When plaintiff Glenfield Effatt, an employee of Lenox Hill Hospital, leaned against the exterior door of elevator 12 at the hospital, the door gave way and he fell approximately 30 feet to the floor of the empty shaft. Nouveau maintained and serviced all the elevators at the hospital.

Plaintiffs raised triable issues of fact as to whether Nouveau was responsible for…