Justice Saliann Scarpulla
Casey commenced the instant wrongful death suit to recover damages for the death of Kiernan Casey, who fell to his death in an empty freight elevator shaft. Casey alleged New York Elevator & Electrical (NYE&E) was negligent in their inspection, maintenance and repair of the elevator. NYE&E sought to reargue the court’s prior decision. After Kiernan’s death the Department of Buildings inspected the elevator and issued an accident report identifying three defects which contributed to his death, including a by-passed fifth floor hoistway door interlock. In the prior order, the court found NYE&E failed to make a prima facie showing it did not owe a duty to Kiernan regarding the fifth floor interlock, and failed to establish it did not negligently perform prior annual inspections which would have revealed the issue. NYE&E argued the fifth floor interlock issue did not exist at the time it inspected the elevator in 2006 and 2007, thus it had no duty regarding the interlock. The court denied reagrument noting NYE&E failed to submit evidence to establish when the issue arose. It also found NYE&E owed a duty of care regarding the 2006 and 2007 inspections as it failed to show it conducted the inspections without negligence.