Meza v. 509 Owners LLC
Opinion of the Court
In opposition, plaintiff failed to produce evidence of a prior problem with the elevator that would have provided notice of the specific defect alleged. Although there had been a misleveling problem with the elevator almost three weeks before plaintiffs accident, the evidence established that the condition had been resolved and that a different condition with the elevator was observed the day after the accident (see Gjonaj v Otis El. Co., 38 AD3d 384, 385 [2007]). Furthermore, plaintiffs reliance on the doctrine of res ipsa loquitur is misplaced under the circumstances. “[P]laintiff’s fall could have occurred in the absence of negligence and could have been caused by a misstep on [her] part” (Cortes v Central El., Inc., 45 AD3d 323, 324 [2007]). Concur — Saxe, J.P, Sweeny, Catterson, Freedman and Román, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.