By John T. Kalin.
Pillinger Miller Tarallo, LLP secured a significant summary judgment victory in Supreme Court, Kings County, obtaining dismissal of all claims against its client, Dunwell Elevator Electrical Industries, Inc., in a high-exposure elevator accident case involving allegations that an elevator suddenly dropped several floors.
In Michael Henry v. Gateway 277 Housing Development Fund Corporation, Dunwell Elevator Electrical Industries, Inc., and Gateway Housing Corporation (Supreme Court, Kings County, Index No. 525109/2019 – PMT: General Liability, Premises Liability, and Complex Multi-Party Litigation), the plaintiff alleged he suffered serious injuries after an elevator allegedly “plummeted” from an upper floor to the basement of a Brooklyn residential building. The plaintiff claimed significant injuries, including a multi-level cervical fusion, and alleged that Dunwell was negligent in maintaining the elevator.
PMT successfully argued that Dunwell’s maintenance contract was limited in scope and did not displace the building owner’s duty to safely maintain the premises. The Court agreed, finding that Dunwell did not owe an independent duty of care to the plaintiff under New York law.
The Court further held that there was no evidence Dunwell created the alleged condition or had notice of any specific defect that could have caused the elevator malfunction. While the building had experienced unrelated elevator issues in the past, the Court found there was no proof that Dunwell had notice of the specific condition allegedly responsible for the incident.
As a result, the Court granted Dunwell’s motion for summary judgment in its entirety, dismissing all claims and cross-claims against the company.
This outcome highlights PMT’s strength in defending complex premises and negligence claims involving catastrophic injury allegations and demonstrates the firm’s ability to eliminate substantial exposure through strategic motion practice.
Should you have any questions, please call our office at (914) 703-6300 or contact:
Marc H. Pillinger, Executive Partner
mpillinger@pmtlawfirm.com
Jeffrey T. Miller, Executive Partner
jmiller@pmtlawfirm.com
Jeffrey D. Schulman, Executive Partner
jschulman@pmtlawfirm.com
Richard J. Freire, Executive Partner
rfreire@pmtlawfirm.com