From Casetext: Smarter Legal Research

Arez v. Twin Parks Northeast Houses, Inc.

Appellate Division of the Supreme Court of New York, First Department
May 28, 2002
294 A.D.2d 266 (N.Y. App. Div. 2002)

Opinion

1195

May 28, 2002.

Order, Supreme Court, Bronx County (Howard Silver, J.), entered December 20, 2001, which, in an action for personal injuries sustained when an elevator misleveled, denied defendant-appellant elevator service company's motion for summary judgment dismissing the complaint and all cross claims as against it, with leave to renew after disclosure, unanimously affirmed, without costs.

MATTHEW MCDONOUGH, for defendant-appellant.

Before: Williams, P.J., Nardelli, Rosenberger, Marlow, Gonzalez, JJ.


Although appellant's general manger asserts that appellant did not begin servicing the elevator in question until almost a year after plaintiff's accident, as indicated by appellant's service contract with defendant owner, the issue of whether appellant serviced the elevator prior to the accident can not be determined at this juncture given plaintiff's attorney's assertion that a representative defendant management company told him so prior to commencement of the action. Until there has been disclosure, plaintiff is not in position to produce evidentiary proof in admissible form sufficient to raise an issue of fact as to whether appellant serviced the elevator prior to the accident (see, Zuckerman v. City of New York, 49 N.Y.2d 557, 562;Schachat v. Bell Atl. Corp., 282 A.D.2d 329). We note that the management company did not submit any papers on the motion.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

Arez v. Twin Parks Northeast Houses, Inc.

Appellate Division of the Supreme Court of New York, First Department
May 28, 2002
294 A.D.2d 266 (N.Y. App. Div. 2002)
Case details for

Arez v. Twin Parks Northeast Houses, Inc.

Case Details

Full title:LUIS AREZ, PLAINTIFF-RESPONDENT, v. TWIN PARKS NORTHEAST HOUSES, INC., ET…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: May 28, 2002

Citations

294 A.D.2d 266 (N.Y. App. Div. 2002)
741 N.Y.S.2d 875

Citing Cases

Verizon N.Y. Inc. v. Con. Ed., Inc.

The affidavit of Con Edison's employee, John Lind, and the annexed documents reveal the existence of triable…

Marin v. Doe Fund, Inc.

Doe defendants argue that plaintiffs' motion for summary judgment is premature, because, without having the…