Elevator Didn't Level Properly

LVT Number: 13188

Tenant sued landlord and elevator company after she tripped and fell exiting the elevator. She said the elevator stopped three inches below floor level and claimed that the elevator wasn't properly inspected or maintained. Landlord and the elevator company asked the court to dismiss the case without a trial. The court ruled against them. Even though tenant wasn't sure which of the two building elevators she had tripped in, she had otherwise raised questions of fact that required a trial on whether landlord and the elevator company were negligent.

Tenant sued landlord and elevator company after she tripped and fell exiting the elevator. She said the elevator stopped three inches below floor level and claimed that the elevator wasn't properly inspected or maintained. Landlord and the elevator company asked the court to dismiss the case without a trial. The court ruled against them. Even though tenant wasn't sure which of the two building elevators she had tripped in, she had otherwise raised questions of fact that required a trial on whether landlord and the elevator company were negligent.

Dubinsky v. Sheuer House of Brighton Beach: NYLJ, p. 30, col. 4 (4/6/99) (Sup. Ct. Kings; Goldberg, J)