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CARTER v. NEW YORK CITY HOUS. AUTH.

10208, 28305/16E.

176 A.D.3d 605 (2019)

112 N.Y.S.3d 38

2019 NY Slip Op 07722

Orgina Carter, Respondent, v. New York City Housing Authority, Appellant.

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

Decided October 29, 2019.

Attorney(s) appearing for the Case

Wilson Elser Moskowitz Edelman, & Dicker LLP, New York (Patrick J. Lawless of counsel), for appellant.

The Law Office of Christopher P. Di Giulio, P.C., New York (William Thymius of counsel), for respondent.

Concur—Richter, J.P., Gische, Tom, Gesmer, Moulton, JJ.

Summary judgment was properly denied in this action where plaintiff was injured when the elevator door in defendant's building closed unexpectedly on her hand as she attempted to exit. Defendant has failed to establish, as a matter of law, that res ipsa loquitur is inapplicable to this case (Mogilansky v 250 Broadway Assoc. Corp., 29 A.D.3d 374, 376-377 [1st Dept 2006]). In order for the doctrine to apply, three elements must be...

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