Vilella v. Witkoff Group, LLC

Appellate Division of the Supreme Court of New York

Vilella v. Witkoff Group, LLC

2017 NY Slip Op 3872, 150 A.D.3d 483, 51 N.Y.S.3d 884

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 11, 2017

Docket3991 107717/11

StatusPublished

This text of 2017 NY Slip Op 3872 (Vilella v. Witkoff Group, LLC) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Vilella v. Witkoff Group, LLC, 2017 NY Slip Op 3872, 150 A.D.3d 483, 51 N.Y.S.3d 884 (N.Y. Ct. App. 2017).

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Opinion

Order, Supreme Court, New York County (Joan A. Madden, J.), entered May 2, 2016, which, insofar as appealed from as limited by the briefs, denied the motion of defendants 233 Broadway Owners, LLC and the Witkoff Group, LLC for summary judgment dismissing the complaint as against them, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment accordingly.

Dismissal of the complaint is warranted in this action where plaintiff was injured when, while performing an inspection of an elevator in defendants’ building, the governor cable of the elevator snapped and struck him. Plaintiff does not dispute that the work ticket summaries for the elevators in the building at issue for the six months prior to his accident do not indicate any problem with the governor cable. Accordingly, his assertion, essentially, that the alleged defect ought to have been discovered, notwithstanding the lack of indication of a problem in the work ticket summaries and the lack of complaints, is speculative (see Gjonaj v Otis El. Co., 38 AD3d 384 [1st Dept 2007]; compare McLaughlin v Thyssen Dover El. Co., 117 AD3d 511 [1st Dept 2014]).

Concur—Friedman, J.P., Moskowitz, Manzanet-Daniels, Kapnick and Webber, JJ.

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Order, Supreme Court, New York County (Joan A. Madden, J.), entered May 2, 2016, which, insofar as appealed from as limited by the briefs, denied the motion of defendants 233 Broadway Owners, LLC and the Witkoff Group, LLC for summary judgment dismissing the complaint as against them, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment accordingly.

Dismissal of the complaint is warranted in this action where plaintiff was injured when, while performing an inspection of an elevator in defendants’ building, the governor cable of the elevator snapped and struck him. Plaintiff does not dispute that the work ticket summaries for the elevators in the building at issue for the six months prior to his accident do not indicate any problem with the governor cable. Accordingly, his assertion, essentially, that the alleged defect ought to have been discovered, notwithstanding the lack of indication of a problem in the work ticket summaries and the lack of complaints, is speculative (see Gjonaj v Otis El. Co., 38 AD3d 384 [1st Dept 2007]; compare McLaughlin v Thyssen Dover El. Co., 117 AD3d 511 [1st Dept 2014]).

Concur—Friedman, J.P., Moskowitz, Manzanet-Daniels, Kapnick and Webber, JJ.

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Bluebook (online)

2017 NY Slip Op 3872, 150 A.D.3d 483, 51 N.Y.S.3d 884, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vilella-v-witkoff-group-llc-nyappdiv-2017.

Opinion

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