Santoni v. Bertelsmann Property Inc – Case Brief Summary (New York)

In Santoni v. Bertelsmann Property Inc., 21 AD3d 712, 800 N.Y.S.2d 676(lst Dept 2005), the alleged cause of the accident was malfunctioning elevator doors.

The Santoni defendants met their burden on summary judgment by demonstrating inter alia that the building elevators were thoroughly inspected weekly and that 11 days prior to the incident a mandatory New York City Inspection was done and an "annual supervisor's" survey was performed 17 days prior to the incident.

The defendants therein had an expert who opined that the accident as described by the plaintiff could not have occurred as she indicated based upon the function of the mechanisms involved.

Thus it was held that the defendants "tendered evidentiary proof in admissible form' that they had no notice of nor did they create any defective condition." Id.