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DYER-CREWE v. SCHINDLER EL. CORP.

Index No. 159595/14. Appeal No. 15918. Case No. 2021-01691.

205 A.D.3d 474 (2022)

165 N.Y.S.3d 834

2022 NY Slip Op 03069

Yvonne Dyer-Crewe, Respondent, v. Schindler Elevator Corporation, Appellant.

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

Decided May 10, 2022.

Attorney(s) appearing for the Case

Sabatini & Associates, New York (Steve S. Efron of counsel), for appellant.

Silbowitz Garafola Silbowitz Schatz & Frederick, LLP, Great Neck (Howard Schatz of counsel), for respondent.

Concur—Renwick, J.P., Mazzarelli, Gesmer, González, JJ.

Triable issues remain as to whether the alleged misleveled elevator car (elevator 76 at the Montefiore building) presented a hazardous condition, as there were conflicting witness estimates of the height differential (see generally Munasca v Morrison Mgt. LLC, 111 A.D.3d 564, 564 [1st Dept 2013]). The evidence was also conflicting as to whether defendant had actual or constructive notice of the alleged hazardous condition. While...

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