Colon v. New York City Housing Authority

Order, Supreme Court, Bronx County (Sharon A.M. Aarons, J.), entered September 15, 2016, which denied defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

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 AD3d 426, 427 [1st Dept 2011]), it is not entitled to dismissal of the action because plaintiff can…