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LEVINE v. CITY OF NEW YORK

1462.

67 A.D.3d 510 (2009)

888 N.Y.S.2d 55

2009 NY Slip Op 08163

JERRY LEVINE et al., Appellants, v. CITY OF NEW YORK, Respondent.

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

Decided November 12, 2009.

Assuming defendant, the City of New York, had a nondelegable duty to maintain the elevators in this building, a courthouse, in a reasonably safe condition, even though it had ceded all responsibility for maintenance and repair of the elevators to an independent contractor, a showing that defendant had notice of the alleged malfunction would still be necessary (see Camaj v East 52nd Partners, 215 A.D.2d 150, 151 [1995]). No such showing...

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