Williams v. Swissotel New York, Inc.

Judgment of the Supreme Court, New York County (John Dier, J.), entered on June 8, 1988, which dismissed plaintiff-appellant’s complaint at trial for failure to prove a prima facie case, unanimously reversed, on the law, the motion to dismiss is denied, the complaint is reinstated, and the matter is remanded for a new trial, with costs to abide the event.

Plaintiff-appellant John Williams alleges that he was injured when an elevator at the Drake Hotel fell nine stories and abruptly stopped just below the lobby floor landing, throwing him to the floor and against the wall. Hospital records from…