Sealey v. West End Garden Development Fund Co.

In an action to recover damages for personal injuries, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Kings County (Schmidt, J.), dated July 5, 2005, as granted that branch of the defendants’ motion which was for summary judgment dismissing the complaint insofar as asserted against the defendant Borough Park Housing Development Fund Company, Inc.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs.

On September 9, 1999 the plaintiff, a wheelchair-bound quadriplegic, summoned the elevator to the fourth floor of the *700ap…