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Samanski v. Otis Elevator Co.
Citations: 216 A.D.2d 376; 628 N.Y.S.2d 170; 1995 N.Y. App. Div. LEXIS 6272
Court: Appellate Division of the Supreme Court of the State of New York; June 12, 1995; New York; State Appellate Court
Otis Elevator Company appeals a Supreme Court order that denied its motion for summary judgment to dismiss a personal injury complaint against it and for the imposition of costs on the plaintiff. The order is modified to grant Otis's motion, dismissing the complaint against it, while severing the action against the remaining defendants. The plaintiff was injured on April 26, 1993, when an elevator fell three floors. She sued multiple defendants, including Otis, which installed the elevator but had not maintained it since 1939. Otis argued that it was entitled to summary judgment due to its lack of connection with the elevator and sought costs for a frivolous lawsuit under CPLR 8303-a. The plaintiff contended that the motion was premature as depositions were pending. The Supreme Court initially denied the motion without prejudice. The appellate court ruled that Otis had demonstrated its entitlement to summary judgment by showing it had no control over the elevator since 1939, and the plaintiff's attorney's affirmation did not provide admissible proof to contest this. Consequently, the court granted summary judgment in favor of Otis. However, it found that the plaintiff's action was not frivolous according to CPLR 8303-a, denying Otis's request for costs. The decision was affirmed with costs awarded to Otis.