Appeal from an order of the Supreme Court (Clemente, J.), entered September 30, 2005 in Sullivan County, which granted defendants’ motion for summary judgment dismissing the complaint.
Plaintiff was injured when she tripped and fell upon entering an elevator (identified as elevator No. 4) at her place of employment, Community General Hospital, in Sullivan County. She sued defendants claiming that they negligently maintained and serviced the elevator. She testified at her deposition that, after falling, she observed that the elevator had stopped at least 372 inches above floor level. Following disclosure, defendants successfully moved for an order granting them summary judgment dismissing the action in its entirety. Plaintiff appeals arguing that she raised an issue of fact regarding defendants’ negligence and that the doctrine of res ipsa loquitur should have been applied to these facts.
A company which contracts to maintain and service elevators
In light of the above, we need not address the doctrine of res ipsa loquitur.
Crew III, J.E, Carpinello, Mugglin and Kane, JJ., concur. Ordered that the order is reversed, on the law, with costs, and motion denied.
