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LILLY v. CITY OF NEW YORK

6472, 113800/10.

161 A.D.3d 461 (2018)

73 N.Y.S.3d 419

2018 NY Slip Op 03314

Anthony Lilly, Appellant, v. City of New York et al., Defendants, and New York City Housing Authority, Respondent.

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

Decided May 8, 2018.

Summary judgment was improperly granted in this action where plaintiff was injured when the elevator door in defendant's building unexpectedly closed on him as he attempted to enter the elevator. Contrary to the finding of the motion court, the evidentiary doctrine of res ipsa loquitur is applicable under the circumstances presented since plaintiff testified that the elevator door, which was closed by electronic sensors and did...

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