Cotto v. New York City Housing Authority

In an action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Kings County (Ruchelsman, J.), dated January 9, 2004, which denied its motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

On July 28, 2000, the eight-year-old plaintiff John Cotto allegedly was injured when he tripped over a garbage bag lying near a garbage can in a courtyard within a housing project owned by the defendant. At the time of the accident, Cotto was…