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COLON v. NEW YORK CITY HOUSING AUTHORITY

5105. 306398/11.

156 A.D.3d 406 (2017)

66 N.Y.S.3d 237

2017 NY Slip Op 08463

AUREA COLON, Respondent, v. NEW YORK CITY HOUSING AUTHORITY, Appellant.

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

Decided December 5, 2017.

Plaintiff alleges that she suffered injuries when the elevator in a building owned by defendant fell from the 20th to the 11th floor. While defendant demonstrated a lack of actual or constructive notice of an elevator defect that would cause such a malfunction (see Meza v 509 Owners LLC, 82 A.D.3d 426, 427 [1st Dept 2011]), it is not entitled to dismissal of the action because plaintiff can rely on the doctrine of res ipsa loquitur...

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