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Solowij v. Otis Elevator Co - Case Brief Summary (New York)

In Solowij v. Otis Elevator Co. (295 A.D.2d 145 [1st Dept 2002]), the First Department upheld the Supreme Court's denial of a motion for summary judgment by a defendant escalator maintenance company on the following ground:

Plaintiff, through his expert's affidavit, did raise a factual issue as to whether defendant Otis Elevator had actual or constructive notice of said defect. Otis was under a contractual obligation to inspect and maintain the elevators in the subject building and the expert's affidavit, based on the expert's review of the deposition testimony and documentary evidence, by lending support to the inference that Otis Elevator did not conduct reasonably prudent inspections of, or competently maintain, the elevator in question, raised a triable issue as to whether Otis Elevator either created or should have known of the defective condition that allegedly caused plaintiffs injury. (Id. at 145)

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