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NARVAEZ v. NEW YORK CITY HOUSING AUTHORITY

62 A.D.3d 419 (2009)

878 N.Y.S.2d 724

YESENIA NARVAEZ, an Infant, by Her Guardian, RUTH OSORIO, et al., Appellants, v. NEW YORK CITY HOUSING AUTHORITY, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 5, 2009.

Infant plaintiff was allegedly injured when the elevator door closed too quickly, causing her head to be pinched by the closing door. Defendant New York City Housing Authority (NYCHA) demonstrated its prima facie entitlement to summary judgment as a matter of law by showing there had been no prior complaints about this condition prior to the accident. Evidence established that NYCHA, which serviced the elevator on a regular basis, had recorded no problems with the elevator...

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