Practice point: To establish a building owner’s liability for an elevator-related injury, a plaintiff must establish that there was a defect of which the owner had actual or constructive notice.
Students should note that, if the owner hires an elevator maintenance company, the owner can be liable if it has notice of a defect and does not notify the elevator company.
Case: Cilinger v. Arditi Realty Corp., NY Slip Op 07715 (2d Dept. 2010)
Here is the decision.
Tomorrow's issue: Motion practice.
