Lopez v. New York City Housing Authority

Order, Supreme Court, Bronx County (Hansel McGee, J.), entered on or about Decern*237her 21, 1988, which denied the parties’ cross motions for summary judgment, is unanimously affirmed, without costs.

The infant plaintiff was injured when she fell down an elevator shaft after the elevator doors opened and she then attempted to jump from the stalled elevator to the nearest floor, approximately 4V£ feet below. She argues that defendant’s negligent maintenance of the elevator and the foreseeability of an infant jumping from a stalled elevator combine to make defendant liable as a matter of law;…