Legal Opinion

Martinez v. Central Elevator, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided June 21, 2004Published

1Opinion of the Court

In a consolidated action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Queens County (Hart, J.), dated June 13, 2003, which denied its motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with one bill of costs.

The law is well settled that “[a]n 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…

2Cases cited4 opinions

  1. Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
  2. Rogers v. Dorchester AssociatesNew York Court of Appeals · 1973
  3. Hardy v. Lojan Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2003
  4. Fanelli v. Otis Elevator Co.Appellate Division of the Supreme Court of the State of New York · 2000

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