Ramsey Henriquez was injured when the elevator he was repairing suddenly descended some twelve floors to the bottom of the hoistway.
After the New York County Supreme Court dismissed a personal-injury case he later filed against the building's owner, Ramsey appealed.
Since he was hired to address "a dangerous condition," the Appellate Division, First Department, thought the owner couldn't be held liable--particularly since the governing contract with Ramsey's employer provided that that company was exclusively responsible for the elevator's maintenance.
Was the poor guy deserted?
To view a copy of the Appellate Division's decision, please use this link: Henriquez v. New 520 GSH LLC