10/12/17 Goodwin v. Guardian Life Insurance, et al.
Plaintiff sought damages for tripping on an alleged misleveled elevator at a property owned by Guardian and managed by Cushman & Wakefield. The elevator service provider was Nouveau at the time of the incident. The lower court summarily dismissed the action against all defendants, prompting an appeal to the Second Department. On appeal, the Second Department affirmed the motion court’s decision and found that Guardian and Cushman established a prima facie showing of entitlement to summary judgment on the issue of notice. It also found that Nouveau established that it did not have requisite notice of the alleged defect and that it did not fail to use reasonable care to correct a condition of which it should have been aware. Finally, the Appellate Division summarily disregarded an affidavit from plaintiff’s expert submitted in opposition to the underlying motion as conclusory and speculative and that the doctrine of res ipsa loquitor.