While at work, Collin Cole's elevator car abruptly stopped, and its ceiling collapsed on him. When he later sued the building's owner, and Brink Elevator Corp., the elevator maintenance company, the Bronx County Supreme Court refused to grant the defendants' request to dismiss the case.
Although some of Collin's colleagues also experienced problems with that elevator, since the maintenance company was never notified, Collin couldn't establish that Brink had notice of the defective condition. But because the elevator had recently undergone a modernization, yet parts needed to be replaced right after the incident, the Appellate Division, First Department, thought it was premature to find Brink free of any culpability.
(It was also of the view the owner needed to stay in the case because there was no conclusive proof that the landlord hadn't been aware of any elevator-related problems.)
Wasn't that elevating?
To view a copy of the Appellate Division's decision, please use this link: Cole v. Homes for the Homeless Inst., Inc.