OPINION & ORDER Kelley Ann Baisley (“Plaintiff”) brought this Action against Slade Industries, Inc. (“Defendant”) and Schindler Elevator Corporation (“SEC”), alleging that — as a result of Defendant’s and SEC’s negligence — she was injured after her left foot was temporarily stuck in the doors of a closing elevator. (See generally Compl. (Dkt. No. 1-1).)1 Before the Court is Defendant’s Motion for Summary Judgment (the “Motion”).2 (See Not. of Mot. (Dkt. No. 49).) For the reasons explained below, Defendant’s Motion is granted in part and denied in part. I. Background A. Factual Background The following facts are taken from the Parties’ statements pursuant to Local Civil Rule 56.1. (See Def’s Rule 56.1 Statement (“Def’s 56.1″) (Dkt. No. 51); Pl’s Response Rule 56.1 Statement (“Pl’s Resp. 56.1″) (Dkt. No. 57); Pl’s Rule 56.1 Statement (“Pl’s 56.1″) (Dkt. No. 58); Def’s Response Rule 56.1 Statement (“Def’s Resp. 56.1″) (Dkt. No. 63).)3 Additionally, where necessary, the Court cites directly to the admissible evidence submitted by the Parties. The facts are recounted “in the light most favorable to” Plaintiff, the non-movant. Torcivia v. Suffolk County, 17 F.4th 342, 354 (2d Cir. 2021). The facts as described below are undisputed unless otherwise noted. 1. The Elevator This case arises out of Plaintiff’s allegations that she was injured on January 23, 2019 while getting on an elevator (the “Elevator”) in the building located at 85 Court Street in White Plains, NY. (See Decl. of Catherine G. Bryan, Esq. (“Bryan Decl.”) Ex. C at 3 (Dkt. No. 52-3); see also id. Ex. D (“Pl’s Dep. Tr.”) at 21:14-22:3 (Dkt. No. 52-4).)4 Originally installed by non-party Dover Elevator, the Elevator was modernized by nonparty Brink Elevator in 2001. (Def’s 56.1 20; Pl’s Resp. 56.1 20.) The Elevator is a “center parting” elevator, meaning that its doors open and close from the left and right sides, and that they meet in the middle when closed. (Def’s 56.1 13; Pl’s Resp. 56.1 13.) Among the Elevator’s features is a “door re[-]opening device,” which functions to re-open the doors in the event that the doors become obstructed. (Def’s 56.1 14; Pl’s Resp. 56.1 14.)5 Basically, the door re-opening device emits an electronic beam of light that runs vertically from one door to the other, and when that light is obstructed as the doors are closing — by an entering or exiting passenger, for example — the device re-opens the doors. (See Def’s 56.1
14, 16-18; Pl’s Resp. 56.1
