Legal Opinion

McLaughlin v. Thyssen Dover Elevator Co.

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

Decided May 13, 2014Published

1Opinion of the Court

Order, Supreme Court, Bronx County (Mary Ann BriganttiHughes, J.), entered October 10, 2013, which denied defendants Thyssen Dover Elevator Company, Thyssen Elevator Company and Thyssenkrupp Elevator Corporation’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Elaintiff Diana McLaughlin fell upon stepping into an elevator that had misleveled about IV2 to 2 feet. It is undisputed that the misleveling condition was caused by defective level up, level down, and door zone relays, which were replaced after the accident.

An elevator company that agrees to…

2Cases cited7 opinions

  1. Rogers v. Dorchester AssociatesNew York Court of Appeals · 1973
  2. Koch v. Otis Elevator Co.Appellate Division of the Supreme Court of the State of New York · 1960
  3. Gleeson-Casey v. Otis Elevator Co.Appellate Division of the Supreme Court of the State of New York · 2000
  4. Stewart v. World Elevator Co.Appellate Division of the Supreme Court of the State of New York · 2011
  5. Gutierrez v. Broad Financial CenterAppellate Division of the Supreme Court of the State of New York · 2011

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