NEW YORK (Legal Newsline) - A New York appellate court granted the motions of a property owner, management company and consultant to dismiss a complaint, and all cross claims against them, stemming from an alleged elevator injury at a Fifth Avenue property in 2012.
In its Dec. 8 ruling, the Supreme Court s Appellate Division, First Judicial Department reversed a 2019 decision by the Bronx Supreme Court that the defendants were “collectively in control” of the elevator where the injury allegedly occurred and that John A. Van Deusen & Associates (VDA), the consultant, “had the authority to remove the elevator from service if it was unsafe and, under the principle of res ipsa loquitur, could be held liable.”