Alsaydi v. GSL Enterprises, Inc.
Court: Appellate Division of the Supreme Court of the State of New York; April 28, 1997; New York; State Appellate Court
GSL Enterprises, Inc. appeals a Supreme Court order granting summary judgment to Gemini Elevator Corp., dismissing the complaint and cross claims against it. The Supreme Court's decision was reversed, reinstating the complaint and cross claims against Gemini. The injured plaintiff sustained severe injuries from a fall down an elevator shaft, claiming the absence of a required safety device allowed him to open a manual door when the elevator cab was not present. The plaintiff sued both GSL, the building owner, and Gemini, responsible for elevator maintenance. The Supreme Court had ruled in favor of Gemini, stating it was only contractually obligated to service passenger elevators, not the freight elevator involved in the incident. The appellate court found that maintenance companies have a duty of care to the public and may be liable for failing to address known hazards or for not discovering them. It noted that a jury could infer negligence from evidence of the elevator doors opening without the cab present. The court highlighted that Gemini had conducted an inspection of all elevators, including the freight elevator, shortly before the accident, and charged for this service, contradicting its claim of merely being a volunteer. Thus, factual issues remain regarding Gemini's contractual obligations and potential negligence in inspection and maintenance, warranting the reversal of summary judgment.