In Banks v. Odd Job Trading Corp. (299 AD2d 248 [1st Dept 2002]), the First Department denied a motion for summary judgment seeking dismissal of the plaintiff's complaint as well as indemnification from the co-defendant premises owner on the ground that the plaintiff's expert affidavit raised a triable issue of fact as to whether the defendant escalator maintenance company had "constructive notice of the deteriorating condition of the escalator, which ultimately led to a complete mechanical failure of its handrail mechanism" (id. at 248). The Court explained: Plaintiff's expert opined that a complete handrail mechanism failure caused plaintiff to fall, a condition which does not occur spontaneously, and which is always preceded by signs of handrail deterioration, including "multiple instances of handrail slowing and/or stopping" prior to an accident. These expert assertions constituted a sufficient basis for the motion court to find the existence of triable issues regarding constructive notice of the escalator's deteriorating condition. (Id. at 249)