Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Jaime ORTIZ, Plaintiff, v. CEMD ELEVATOR CORP., doing business as City Elevator, Defendant–Appellant, 845 Third L.P., et al., Defendants–Respondents.
Order, Supreme Court, Bronx County (Kenneth L. Thompson, Jr., J.), entered August 21, 2013, which granted defendants 845 Third L.P. and Rudin Management Co. Inc.'s motion for summary judgment dismissing the complaint as against them, unanimously affirmed, without costs.
Defendants 845 Third, the building owner, and Rudin, the manager, demonstrated that they had no obligation to make repairs to the misleveled elevator. The lease between 845 Third and the nonparty tenant establishes that the owner was an out-of-possession landlord with a right to reenter the premises to make repairs. However, since the defect in the elevator was not a structural or design defect that violated a specific statutory provision, defendants cannot be held liable for plaintiff's injuries. Whether or not defendants had notice of the defect is immaterial (see Devlin v. Blaggards III Rest. Corp., 80 AD3d 497 [1st Dept 2011], lv denied 16 NY3d 713 [2011] ).
Contrary to defendant City Elevator's contention, Administrative Code of City of N.Y. former §§ 27–127 and 27–128 (see Administrative Code § 28–301.1) were general, not specific, safety provisions (Kittay v. Moskowitz, 95 AD3d 451, 452 [1st Dept 2012], lv denied 20 NY3d 859 [2013] ). Multiple Dwelling Law § 78 is inapplicable because the building at issue is not a multiple dwelling but a commercial building.̌
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Decided: December 04, 2014
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)