COPELAND CLIFFORD plfap, v. PLAZA HOUSING DEVELOPMENT FUND COMPANY, INC. def-res

9871. COPELAND CLIFFORD plfap, v. PLAZA HOUSING DEVELOPMENT FUND COMPANY, INC. def-res — Rubenstein & Rynecki, Brooklyn (Kliopatra Vrontos of counsel), for ap — Torino & Bernstein, P.C., Mineola (Thomas B. Hayn of counsel), for Plaza Housing Development Fund Company, Inc. and Plaza Residences, L.P., res — Kral Clerkin Redmond Ryan Perry & Van Etten, LLP, Melville (Elizabeth Gelfand Kastner of counsel), for Guardsman Elevator Co., Inc., res — Order, Supreme Court, Bronx County (Mary Ann BriganttiHughes, J.), entered February 2, 2012, which granted the motion of defendants Plaza Housing Development Fund Co., Inc. and Plaza Residences L.P. (collectively Plaza Residences) and the cross motion of defendant Guardsman Elevator Co., Inc., for summary judgment dismissing the complaint, unanimously affirmed, without costs.

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9871. COPELAND CLIFFORD plfap, v. PLAZA HOUSING DEVELOPMENT FUND COMPANY, INC. def-res — Rubenstein & Rynecki, Brooklyn (Kliopatra Vrontos of counsel), for ap — Torino & Bernstein, P.C., Mineola (Thomas B. Hayn of counsel), for Plaza Housing Development Fund Company, Inc. and Plaza Residences, L.P., res — Kral Clerkin Redmond Ryan Perry & Van Etten, LLP, Melville (Elizabeth Gelfand Kastner of counsel), for Guardsman Elevator Co., Inc., res — Order, Supreme Court, Bronx County (Mary Ann BriganttiHughes, J.), entered February 2, 2012, which granted the motion of defendants Plaza Housing Development Fund Co., Inc. and Plaza Residences L.P. (collectively Plaza Residences) and the cross motion of defendant Guardsman Elevator Co., Inc., for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Plaintiff handyman was injured when he attempted to exit a stalled elevator in the apartment building where he worked. Plaintiff and three of his coworkers entered the subject elevator at the basement level and pushed the button for the first floor. The elevator stopped on the first floor and then proceeded to a point between the second and third floors, where it stopped and the doors opened automatically. The elevator was about four feet above the hallway of the second floor, and two of the men successfully jumped out of the elevator onto the floor below. However, when plaintiff attempted his jump, he landed on the floor but then fell backwards and down the elevator shaft.

COPELAND CLIFFORD plfap, v. PLAZA HOUSING DEVELOPMENT FUND COMPANY, INC. def-res

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