Practice point: A company which agrees to maintain an elevator in safe operating condition may be liable for injuries resulting from a failure to correct a condition of which it knew or should have known.
Students should note that the property owner continues to owe a nondelegable duty to maintain its buildings' elevators in a reasonably safe manner.
Case: Dykes v. Starrett City, Inc., NY Slip Op 05356 (2d Dept. 2010)
Here is the opinion.
Tomorrow's issue: Motion practice.
