In Singh v. United Cerebral Palsy of New York City, Inc. 72 AD3d 272, 896 N.Y.S.2d 22 (1st Dept 2010), the Appellate Division, First Department, held that the plaintiff, injured as a result of a malfunctioning elevator door sensor mechanism, raised triable issues as to an inference of negligence against the premises owner, reasoning that such an inference may be applied "where more than one defendant could have exercised exclusive control." (Id. at 277).
The court observed that the premises owner's contract with the elevator repair company was not an exclusive maintenance contract but provided as-needed services.
Therefore, that the elevator company occasionally made repairs on the sensor mechanism did not "remove the sensor from the premises owner's exclusive control." (Id.).