Thursday, May 18, 2017

Dismissal of an action alleging an elevator-related injury.

The Appellate Division reversed, and dismissed the complaint in this action where plaintiff was injured when, while performing an elevator inspection in defendants' building, the elevator's governor cable snapped and struck him. Plaintiff does not dispute that the work ticket summaries for the building's elevators for the prior six months do not indicate any problem with the governor cable.

Practice point:  Plaintiff's assertion that the alleged defect should have been discovered, notwithstanding the lack of indication of a problem in the work ticket summaries and the lack of complaints, is merely speculative.

Case in point:  Vilella v. Witkoff Group, LLC, NY Slip Op 03872 (1st Dep't May 11, 2017)

Here is the decision.

Tomorrow's issue:  Dismissal of a slip- or trip-and-fall action.