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HERBST v. 40 WORTH ASSOCIATES

276 A.D.2d 320 (2000)

714 N.Y.S.2d 211

GERALDINE HERBST et al., Appellants, v. 40 WORTH ASSOCIATES et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided October 12, 2000.

Plaintiffs allege that they were injured as the result of a malfunction of an elevator maintained by defendants, causing the elevator to fall for some contested distance and stop abruptly. However, the only evidence offered by plaintiffs of defendants' alleged negligence was the defendants' failure to produce a "Blue Book" containing a schedule of inspections of the elevator, and defendants' failure to produce the belt that purportedly...

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